Separating from a spouse is never easy, especially when children are involved. One of the most important aspects of divorce is deciding how your children will be cared for going forward. This includes living/contact arrangements and financial support. Every family is different, and there are several options depending on your circumstances and your children’s needs.
What are the different types of child arrangements in the UK?
When it comes to planning your child’s future after divorce, there are a few key arrangement types that are common across the UK:
Full / Sole Care
This arrangement gives one parent primary responsibility for day-to-day care and major decisions about the child’s life. The child will likely live with this parent full-time, and this parent will make key choices regarding education, healthcare, and general welfare. Sole care may be appropriate if one parent is absent, unwilling, or unable to provide safe and consistent care for the child.
Joint Care
Joint care allows both parents to play an active role in their child’s upbringing. Time may be split evenly between parents, such as a 50/50 arrangement, or unevenly depending on work schedules, location, and other factors. The goal is to preserve meaningful relationships with both parents where possible, which is often beneficial for a child’s stability and emotional wellbeing.
Flexible Arrangements
Not all families fit into a set schedule, and many parents now opt for more adaptable plans. A flexible arrangement might mean that the child lives primarily with one parent but spends extended holidays or weekends with the other. It could mean that the child remains at home, and parents take turns staying in the property. These plans can evolve over time and are often agreed upon informally.
How are child arrangements decided during a divorce?
Under ideal circumstances, both parents will work together to create a plan that prioritises the child’s needs. However, if reaching a decision proves difficult, either parent can apply to the Family Court for a Child Arrangements Order. This legal document outlines where the child will live, how often they’ll see each parent, and what other types of contact (such as calls or video chats) are allowed. The court will assess each situation individually and focus on what is genuinely best for the child.
Do courts always favour the mother in child arrangements cases?
No. The courts do not favour mothers by default. While there may have been a historical tendency to presume that children were better off with their mothers, that is no longer the legal or practical approach. Judges are now guided by the principle that both parents are equally capable of meeting a child’s needs unless evidence suggests otherwise. Decisions are based on the individual case.
What rights do fathers have in child arrangements and divorce cases?
In the UK, fathers have the same legal standing as mothers when seeking care or contact with their children. If married to the mother at the time of the child’s birth, or if his name appears on the birth certificate (even if not married to the mother), a man automatically has parental responsibility and father’s rights.
This includes the right to be involved in important decisions about the child’s life and the right to apply for court orders relating to where the child lives and how often visitation takes place. Fathers can also challenge or request changes to existing child arrangement orders if circumstances change or if the current arrangement no longer serves the child’s best interests.
A father does not have parental responsibility if he wasn’t married to the mother at the time of birth and is not named on the birth certificate. In this situation, the father would need to apply to the court to be formally recognised before being given the same parental rights as the mother.
Can we agree on child arrangements without going to court?
Yes, and in fact, it’s encouraged. Some separating parents can agree on child arrangements without any formal intervention. You don’t have to go through the courts if you’re both on the same page. You can make the agreement legally binding through a Consent Order. This is submitted to the court and, if approved, becomes legally enforceable.
Mediation can be a helpful exercise if you’re finding it hard to come to an agreement. A neutral professional will guide discussions, help you identify common ground, and work towards a solution that reflects your child’s best interests. In most cases, you’ll need to explore mediation before applying to court.
What is a CAFCASS officer, and what do they do?
CAFCASS (Children and Family Court Advisory and Support Service) is an independent body that represents children’s interests in family court cases. Its job is to ensure the child’s welfare is at the heart of any decisions being made and advise the Court from social care point of view.
CAFCASS officers may get involved when parents can’t agree on arrangements. A CAFCASS officer might be asked to speak to both parents, carry out safeguarding checks, and assess potential risks or concerns, which will be passed along to the court and used to help the judge arrive at the best decision.
Child arrangements can be an emotionally fraught part of any separation. Our experienced family law solicitors are here to guide you through every step, from informal negotiations to court applications. We’ll help you understand your rights, prioritise your child’s needs, and move forward with clarity and confidence. Contact us today to speak with a family solicitor in confidence.
