Child Arrangements – Live With and Spend Time With Orders

The court’s overriding concern is the welfare of the child. It considers:

• The child’s wishes and feelings (age-appropriate)
• Emotional, educational and physical needs
• Stability and routine
• Each parent’s ability to meet those needs
• Any risk of harm

The court does not favour one parent over another based on gender.

You should consider legal advice if:

• Discussions feel stuck or hostile
• You are unsure what is reasonable
• Court proceedings are being threatened
• You are concerned about safeguarding
• An order is being breached

Early advice often prevents costly mistakes.

Yes. Children’s needs naturally change as they grow older, and arrangements that worked well for a toddler may not suit a teenager. School schedules, friendships, extracurricular activities, and the child’s own wishes all become more significant over time. If there is a Child Arrangements Order in place and circumstances change significantly, an application can be made to vary the order to reflect the child’s best interests.

This can be a difficult and emotional situation. The court does not automatically accept a child’s refusal at face value but will consider the reasons behind it. The child’s age, maturity, and understanding are important factors, as well as whether there has been any conflict, pressure, or misunderstanding influencing their views. The court will  involve CAFCASS (Children and Family Court Advisory and Support Service) who will speak to bother parents, and possibly  the child, and provide independent insight. The child’s welfare remains the court’s primary concern.

Yes, grandparents and other extended family members can apply to spend time with a child, particularly where they have played an important role in the child’s life. In most cases, grandparents must first seek the court’s permission (leave) to apply. The court will consider the nature of the relationship, the reasons for the application, and whether it would be in the child’s best interests for the application to proceed. Courts generally recognise the valuable role grandparents can play in a child’s upbringing.

If a parent does not follow the terms of a court order without a good reason, the other parent can apply to the court for enforcement. The court will look at why the order was breached and whether there were genuine welfare concerns. Possible outcomes include requiring unpaid work, ordering compensation for financial loss (such as missed travel costs), or, in serious cases, changing the child arrangements. The focus is always on ensuring compliance in a way that supports the child’s wellbeing.

The court considers the child’s wishes and feelings as one of several welfare factors, with greater weight given as the child grows older and more mature. However, the child does not make the final decision — the judge must consider all circumstances, including emotional, educational, and physical needs. CAFCASS officers may speak with the child and report their views to the court.

Costs depend on the complexity of the dispute and how quickly matters can be resolved. Cases settled through early negotiation or mediation are usually much less expensive than contested court proceedings. If court involvement is necessary, costs can vary depending on the number of hearings and the level of dispute. We always provide clear cost information at the outset and keep you updated so there are no surprises.

CAFCASS (Children and Family Court Advisory and Support Service) is an independent body that helps the court make decisions about children’s welfare. A CAFCASS officer will  speak to both parents and may speak to the child, review any safeguarding issues, and prepare a letter or report with recommendations about what arrangements would be in the child’s best interests. Their role is focused entirely on the child, not on either parent.

Yes. Child arrangements can cover everyday routines as well as school holidays, birthdays, religious festivals, and other special events. Having clear agreements about holidays and travel (including trips abroad) can prevent disputes and provide stability for the child.

Mothers automatically have parental responsibility. Fathers usually have parental responsibility if they were married to the mother or are named on the birth certificate (for children born after December 2003 in England and Wales). Parental responsibility means having legal rights and duties in making important decisions about a child’s upbringing, such as education, medical treatment, and religion.