VOL. I · Market edition, MMXXVIEngland & Wales · Templates · Reviews · Handoffs
Guide

Child Arrangements After Separation in England and Wales

How the law decides where children live and how much time they spend with each parent, including the welfare checklist, mediation, and court orders.

Review your child arrangements documentsAll guides
By The Counsel editorial deskReviewed against primary legislation and case law for England & WalesLast reviewed 15 June 2026How we source this →
01

The welfare principle

Under the Children Act 1989, the child's welfare is the court's paramount consideration in any decision about their upbringing. The court applies the 'welfare checklist' — a structured set of factors including the child's wishes and feelings (having regard to their age and understanding), their physical, emotional, and educational needs, any harm they have suffered or are at risk of suffering, and the capability of each parent to meet those needs. There is no presumption that any particular arrangement is automatically best.

02

Child arrangements orders

A child arrangements order (introduced by the Children and Families Act 2014, replacing the old residence and contact orders) sets out with whom a child lives and how much time they spend with the other parent or other people significant in their life. Orders can specify that a child lives with one parent ('lives with' order) or splits time between two homes ('lives with' in relation to both). There is no fixed formula — the order reflects what is best for the individual child.

03

The MIAM — mediation before court

Before making most court applications concerning children, the applicant is legally required to attend a Mediation Information and Assessment Meeting (MIAM). This is a meeting with an authorised family mediator who explains mediation and other options for resolving disputes without going to court. The MIAM itself does not mean you must mediate — it is an information session. Exemptions apply in certain circumstances, including where there is a history of domestic abuse, where the matter is urgent, or where the other party is overseas.

04

The presumption of parental involvement

Section 1(2A) of the Children Act 1989 currently states that, unless there is evidence that involvement would put the child at risk, the court should presume that involvement of each parent in the child's life will further the child's welfare. The government announced in October 2025 that it intends to repeal this presumption via the Courts and Tribunals Bill, so that child safety is considered from the outset rather than as an exception. As of mid-2026 this repeal is progressing through Parliament but is not yet in force.

05

Reaching agreement without court

Many families resolve arrangements through discussion, negotiation between solicitors, or family mediation, without ever going to court. While agreements reached informally are not enforceable as court orders, either party can apply to have a consent order made if both are in agreement. Where arrangements break down, either party can apply to the court to vary or enforce the order. Courts encourage agreement and proportionate dispute resolution at every stage.

Review your child arrangements documentsPrepare solicitor handoff
Do I have to go to mediation before going to court?

In most cases, yes — you must attend a MIAM before the court will accept your application. However, there are important exemptions, including where domestic abuse is involved, where a child is at risk, or where the matter is genuinely urgent. A mediator or family solicitor can advise whether an exemption applies to your situation.

What age does a child's view count in court?

There is no fixed age at which a child's wishes become decisive, but they carry more weight as the child matures. Courts consider the child's views as one factor in the welfare checklist, balanced against their emotional needs and vulnerability. Judges very rarely speak to children directly — a CAFCASS officer usually gathers and reports the child's views.

Can The Counsel tell me what a court would order for my children?

No. Child arrangements decisions are highly fact-specific and depend on the unique circumstances of each family. The Counsel is an AI information tool — it can help you understand the legal framework, but it cannot assess your individual situation or predict what a court would decide. A family solicitor or specialist CAFCASS officer are the right sources of advice for your specific case.

The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.

See the full family desk