September brings back school timetables, work routines, commuting and regular childcare. For some parents, the return to routine confirms that a relationship has ended. The most urgent questions often concern the children, i.e. where they will live, when they will see each parent, and how everyday decisions will be made.
No single arrangement suits every family. A workable plan should give children stability, protect their relationship with each parent where it is safe, and reflect their age and practical needs.
Here at Hill and Company, our Altrincham family solicitors answer the questions parents commonly ask when they begin making child arrangements after separation.
What should parents agree first after separating?
Start with the arrangements your children need for everyday life. This usually means agreeing where they will live, how they will spend time with each parent and how handovers will work.
You can discuss child maintenance at the same time, although it is a separate legal issue. The GOV.UK guidance on making child arrangements explains the main options available to separated parents in England and Wales.
A clear plan may cover:
- school and nursery days
- weekday and weekend routines
- collection, drop-off and handover arrangements
- school holidays, birthdays and other important dates
- clubs, activities and childcare
- medical appointments
- telephone or video contact
- travel and holidays outside the UK
- how parents will share important information
- how and when the plan will be reviewed
Do child arrangements have to be split equally?
There is no automatic rule that children must divide their time equally between their parents. The right arrangement depends on each child’s welfare, age, routine, relationship with each parent and any safety concerns.
For one family, frequent shorter visits may work well. Another child may benefit from longer blocks of time. Travel, school hours, work patterns and the distance between homes also matter.
The focus should stay on the child’s needs. An arrangement also needs enough detail to reduce uncertainty while allowing sensible flexibility when circumstances change.
Do we need a court order if we agree?
Parents who agree can usually make child arrangements without going to court. It helps to record the plan in writing so both parents have the same understanding.
Cafcass provides an Our Child’s Plan tool to help separated parents consider routines, communication and their child’s needs.
An informal parenting plan is not legally binding. If there is a reason to make an agreement legally binding, parents can apply for a consent order. A judge or magistrate reviews the proposed order and decides if it should be approved. A family solicitor can explain if a consent order is suitable in your circumstances.
What happens if parents cannot agree on child arrangements?
Many disagreements can be addressed through discussion, solicitor-led negotiation or family mediation. Court proceedings are usually a last resort, although urgent action may be needed if a child is at risk.
A solicitor can help identify the points already agreed, explain the legal position and suggest practical terms for the remaining issues. Mediation gives parents a structured setting in which to discuss arrangements with an independent mediator.
Before applying to court, a parent will usually need to attend a Mediation Information and Assessment Meeting (MIAM). Exemptions can apply, including in some cases involving domestic abuse, risk of harm or urgency. Current GOV.UK guidance on applying for a court order explains the requirement and exemptions.
What is a Child Arrangements Order?
A Child Arrangements Order is a legally binding court order setting out where a child will live, who they will spend time with and when other contact will take place. Contact can include telephone calls, video calls or letters.
People still search for “child custody” or “child contact”, but the law in England and Wales uses the term “child arrangements”.
The court can also make:
- a Specific Issue Order to decide a particular question, such as an unresolved decision about education
- a Prohibited Steps Order to prevent a parent from taking a particular action without the court’s permission
The court will only make an order if it considers the order best for the child.
Will the court listen to what my child wants?
A child’s wishes and feelings can be considered in light of their age and understanding, but a child should not be asked to choose between parents.
If a case reaches court, Cafcass may be asked to speak to the parents and child before advising the court. The weight given to a child’s views depends on the individual child and the circumstances. Their wishes form part of the wider welfare assessment.
Parents can support children by listening calmly, giving age-appropriate explanations and avoiding pressure. Resolution’s Parenting Through Separation resources provide further practical support for families.
What if there is domestic abuse or a concern about safety?
Get legal advice promptly if you believe you or your child may be at risk. Mediation and direct negotiation are not suitable in every case. Protective orders or an urgent court application may be necessary.
Tell your solicitor about domestic abuse, coercive control, threats, substance misuse, neglect or any other safeguarding concern at the first opportunity. This allows the risks to be assessed and the safest route to be considered.
Call 999 if someone is in immediate danger.
Hill and Company Solicitors does not offer Legal Aid. If you need Legal Aid, use the government’s find a legal aid adviser service.
Can child arrangements be changed later?
Yes. Child arrangements can be reviewed as children grow and family circumstances change. A new school, changed working hours, health needs or a house move may mean the existing routine no longer works.
Parents can agree changes between themselves and record the updated plan. If a court order is already in place, take legal advice before departing from it. A formal application may be needed when the other parent does not agree to a change.
Try to review arrangements early and avoid waiting for a practical issue to become a dispute.
What should I bring to my first appointment with a family solicitor?
Bring the information that helps your solicitor understand the current routine, the points in dispute and your concerns. Useful documents and notes include:
- a short timeline of the separation and current arrangements
- any parenting plan, written agreement or court order already in place
- key messages or correspondence about the children
- school, nursery and childcare details
- relevant medical or safeguarding information
- upcoming dates that require a decision
- a list of the outcomes you hope to achieve
You do not need to organise a full case file before asking for advice. A clear summary is enough for an initial conversation.
Which solicitor handles child arrangements in Altrincham?
Hill and Company’s family law solicitors advise parents on child arrangements from the firm’s office in Altrincham town centre. The team assists with negotiation, mediation referrals, consent orders, Child Arrangements Orders, Specific Issue Orders, Prohibited Steps Orders and parental responsibility.
Hill and Company has served local families for more than 170 years and is a member of Resolution, which supports a constructive approach to family law. The firm works with clients in Altrincham and nearby communities across Cheshire and South Manchester. Home visits are available when getting to the Market Street office is difficult.
Speak to a family law solicitor in Altrincham
Early advice can help you understand your options and focus discussions on arrangements that work for your children.
Read more about our family law and child arrangements services or contact Hill and Company Solicitors on 0161 928 3201 to arrange an initial consultation.
