Arrangements for Children After Separation: A Practical Guide for Parents

When parents separate, one of the most important decisions they must make is how their children will divide their time, maintain a sense of stability, and continue meaningful relationships that support their wellbeing.

Grace Brass, Partner and Solicitor in our Family and Matrimonial team at Gisby Harrison, provides a clear, practical overview of the legal framework for child arrangements in England and Wales. This includes how arrangements can be agreed, when court involvement may be necessary, safeguarding considerations, and what parents can expect from agencies such as Cafcass.

Speak to our Family Law team, call 01707 878 300

What Are Child Arrangements and How Do They Work?

Child arrangements determine where your child lives, who they spend time with, and how important decisions about their upbringing are made.

These arrangements can be agreed informally, set out in a Parenting Plan, or formalised through a Child Arrangements Order if agreement isn't possible.

At the heart of all decisions is the Children Act 1989 “no order principle”, which means courts will not intervene unless absolutely necessary to do so and prefer parents to resolve issues constructively and cooperatively.

How Can Parents Reach an Agreement Without Going to Court?

Most families benefit from reaching arrangements voluntarily. Tools such as Parenting Plans, now known as “Our Child's Plan”, help parents create structured, child-focused agreements covering routines, communication, holidays and decision-making.

If discussions stall, the next step is family mediation. Before making any court application, parents must attend a Mediation Information and Assessment Meeting (MIAM) unless exempt due to domestic abuse, safeguarding concerns or urgency.

Mediation is often:

• Quicker
• Less stressful
• More cost-effective
• Better for long-term co-parenting

Our solicitors can advise you on whether mediation is suitable and support you alongside the process.

What Happens If We Cannot Agree?

If agreement isn't possible, you may need a Child Arrangements Order. This legally binding order confirms where a child lives and how they spend time with each parent.

The court process follows Practice Direction 12B, which sets out a structured timetable designed to promote early resolution and safeguard children including:

• Submitting a C100 application
• Safeguarding checks by Cafcass
• A First Hearing Dispute Resolution Appointment (FHDRA)
• Potential Section 7 reports, fact-finding hearings, or interim orders

Throughout this process, the court's focus remains firmly on the child's welfare.

How Does Cafcass Become Involved?

Cafcass safeguards the child's welfare and provides independent advice to the court. They conduct police and social care checks, speak with both parents, and produce a safeguarding letter early in the process.

If deeper assessment is required, Cafcass may prepare a Section 7 report, which looks closely at each parent's ability to meet the child's physical, emotional and educational needs.

What Factors Influence Child Arrangements?

Cafcass identifies several practical factors parents should consider, including:

• Age and developmental needs
• Distance between homes
• Children's wishes, hobbies and routines
• Parental work patterns and home environment

Younger children often benefit from a “little-and-often” pattern, whereas older children may prefer fewer, longer visits. Flexibility and a willingness to adapt arrangements over time are often key to long-term success.

What If Safety or Domestic Abuse Is a Concern?

If abuse is present, parents should not attempt mediation, and MIAM exemptions apply.

Support includes:

• Refuge & Women's Aid (0808 2000 247)
• Men's Advice Line (0808 801 0327)

The court prioritises safeguarding and may order fact-finding hearings where allegations could impact a child's safety or welfare.

Our team can advise you sensitively and confidentially if safeguarding concerns arise.

Moving Forward with Gisby Harrison

Child arrangements work best when they are clear, child-focused and practical. Whether agreed informally or determined by the court, the goal remains the same: ensuring your child's wellbeing through stability, cooperation and predictable routines.

If you need tailored legal advice or help formalising an agreement, our specialist Family Law team at Gisby Harrison is here to support you with clear, compassionate, and results-focused guidance.

Contact us today to discuss your options and take the next steps with confidence.

Speak to our Family Law team, call 01707 878 300