What is Child Custody & Child Arrangement Order?
The term ‘child custody’ is no longer used by the Court, and instead courts grant a child arrangement order. This order decides where a child or children lives and spends their time. The courts now try to ensure that both parents have a say in the care and upbringing of their children, where it is appropriate.
This includes:
- Agreeing who a child or children will live with.
- Where a child or children’s primary residence will be.
- Agreeing the time a child or children will spend with both parents.
- Agreeing on a specific child or children’s care, school, medical or religious issue.
Usually, child custody arrangements will need to be explored after a divorce or separation and agreeing on child custody after a separation can be tough. Emotions can run high, and decisions can unfortunately be made without the best interests of your children in mind.
A child custody solicitor can help guide you through the custody process, help resolve any issues or disputes and set clear guidelines for the custody of any children.
Parental Responsibility
Having parental responsibility means you have legal rights and responsibilities in relation to your child, and the decisions that can be made for any children. Parental responsibility can be held on a sole or joint basis.
Sole Parental Responsibility
This is where one parent has sole responsibility for a child’s care and is solely entitled to make the decisions in the child’s life.
Joint Parental Responsibility
This is where both parents share the responsibilities of raising a child or children in terms of making decisions on their behalf. For bigger decisions such as the arrangements for schooling, medical treatment, religion etc this requires cooperation between both parents in making those decisions jointly.
Joint Parental Responsibility does not however mean an entitlement to interfere in the day-to-day decisions being made by the other parent.
Most child custody agreements involve whether one parent has sole care, whether there is shared care and visitation (referred to the courts previously as “contact” and now as “spending time with”), specifically any rights and time allocations a child or children will spend with both parents.
If you’re a parent facing a dispute about custody arrangements, our solicitors know it’s a scary process, during an already very challenging time. Our child custody solicitors can help you make any arrangements for child custody, including helping you negotiate the terms of any agreements made, whilst keeping your children’s best interest at heart and minimising any future issues down the line.
Child Arrangements Order
In the unfortunate event that the arrangements for your children can’t be agreed, the Court has the power to make an order confirming the living and contact arrangements of any children following a separation. These fall into one of three categories:
- Child arrangement order.
- Specific issue order.
- Prohibited steps order.
If you are a parent who does not have Parental Responsibility the Court can also make a parental responsibility order to share responsibility for decision making relating to your child.
Child Arrangement Order
A child arrangement order, previously called child contact and residence orders, deal with any arrangements involving where a child will live, who with and contact arrangements between the parents.
Specific Issue Order
A specific issue order can be applied for to ask the court to resolve a specific disagreement regarding a child. This can include:
- What school they should attend.
- Medical treatment.
- Religious issues.
- Living abroad.
Prohibited Steps Order
A prohibited steps order can ask the court to prevent one parent taking a particular action which may not be in the best interests of the child.
How Can a Child Custody Solicitor help?
Dealing with arrangements for children can be very emotional and you may not be able to discuss matters constructively. It’s important to make sure throughout a separation that the children are not involved in conflict or arguments. Dealing with arrangements for children can be very emotional and you may not be able to discuss matters constructively with your ex.
Instructing a family law solicitor can help minimise potential conflict, remove some of the stress and strain of a separation and dealing with child custody can cause, and can help you get the best outcome for you and your children.
We can help with:
- Negotiations with an ex-partner.
- Dealing with contact arrangements.
- Applying for Court orders.
- Giving advice and support throughout the process.
- Deal with paperwork and make sure you understand the legal wording.
We can also help with contact arrangements, such as:
- Letters and emails.
- Telephone calls.
- Visiting time.
- Overnight stays.
- Holidays and special occasions
If you have exhausted all attempts to agree on child arrangements, then you may need to make an application to the court which our child custody solicitors can help you with.
Contact us or call us on 0114 2235 807 to book your free appointment today.
What is a Child Arrangement Order?
A child arrangement order determines where your children will live and how much time they should spend with the non-resident parent until they are up to 18 years old.
A child arrangement order will determine:
- Where your child or children will live.
- When a child or children will have contact with either parent.
- Who a child can have contact with.
- When and what other types of contact can take place until the child is 16, or in exceptional circumstances, 18.
A child arrangement order solicitor can help guide you through the process, help resolve any issues or disputes and set clear guidelines for the arrangements of any children.
Who Can Apply for a Child Arrangements Order?
Any parent or guardian can make an application for a child arrangement order. However, certain individuals can apply for contact with a child:
- Anyone who lived with a child for three years of their lives when an application is made within three months if the child not living with them.
- Any person in a marriage where the child or children were part of their family.
- If the child is in care and the local authority consents to the order being made.
Anyone else can also seek permission to make an application to the Family Court, however the Court will consider relationships with the child and risk of harm to the child.
Applying for a Child Arrangement Order
Our child arrangement solicitors will work with you to establish what arrangements are best for your child or children and will provide the help and support you need to negotiate an amicable agreement.
If you are unable to come to an agreement with your former partner over arrangements for your children, we can work with you to help you make an application to court for child arrangements order and represent you at Family Court.
Enforcing a Child Arrangements Order
If your ex is refusing to follow the terms of a child arrangement order, it is important that you try and resolve this amicably through negotiations. If this is not possible you can apply for an enforcement application to enforce a child arrangement order.
Amending a Child Arrangements Order
If your current child arrangement order is no longer suitable due to changes in your family, it is possible to vary the terms of an existing arrangement order. This can be done voluntary through negotiations, or through an application through the Court.
What is Child Maintenance?
Both parents are responsible for the living costs of their children, even when one parent no longer lives with them. Child maintenance, also known as child support, is a legal agreement between parents to provide financial support for any children. See more on child maintenance here.
Free Legal Consultation
Our child arrangement order solicitors offer a free legal consultation to new clients. You can book an appointment by telephone, video call or in person.
Contact us or call us on 0114 2235 807 to book your free consultation today..
Our Child Custody & Child Arrangement Order Solicitors
Our child custody solicitors represent clients in:
- Sheffield, Barnsley & Rotherham
- Doncaster
- Derbyshire, including Chesterfield
- Other South Yorkshire areas
- Nottinghamshire.
- London and surrounding areas
- Nationwide (throughout England)
The child custody team offer a free 30-minute consultation on your first visit, which can be made face-to-face, on the phone or virtually.
Contact us or call us on 0114 2235 807 to book your free consultation today.
Child Custody & Child Arrangements Order Solicitor Fees
Our child custody solicitors offer transparent and affordable prices to suit all financial circumstances. They will always keep you up to date with costs and offer fixed fees for most areas, so you remain in full control. We design our affordable and fixed fee services to give you peace of mind over costs during what can be a stressful time.
Find a full list of our family law fees here.
Contact us or call us on 0114 2235 807 to book your free appointment today.
Flexible Family Law Appointments
We understand that dealing with family law matters can be stressful, and finding time to attend in-person appointments isn’t always easy. That’s why we offer our full range of family law services remotely, offering a more efficient and convenient service.
We are able to offer advice nationwide on that basis, which can often work out to be cheaper and more convenient, frequently providing representation to family law clients around the whole country.
We can offer our family law legal support via telephone or secure online meetings. This approach allows you to access expert legal advice from the comfort of your home, without the need to travel or rearrange your schedule. I
If your case requires a court hearing, many such procedural matters are now handled remotely too, or if in person we can arrange representation by a suitable local barrister, ensuring your legal journey is as smooth and accessible as possible.
Our remote services are designed to be just as personal and confidential as in-person consultations, with clear communication and full transparency every step of the way.
Remote appointments are offered throughout the case, and most correspondence is handled by email. Whether you’re dealing with sensitive family matters or simply seeking guidance, we ensure a smooth, stress-free experience that puts your needs first.
If you do wish to meet us face to face, you can book an appointment at one of our offices in Sheffield, Barnsley or Rotherham. While remote services offer convenience, they may not be suitable for those with limited digital literacy or access or where safeguarding is critical.
Contact us or call us on 0114 2235 807 to speak to a family law expert or book an appointment today.
Child Custody & Child Arrangement Order Frequently Asked Questions
Who gets custody of the children after a divorce?
After a divorce both parents are encouraged to agree on child arrangements. If they cannot agree, the court can be asked to decide based on the child’s best interests.
Who gets custody of the children when the parents are not married?
When unmarried parents separate, the mother automatically holds parental responsibility. The father can gain parental responsibility if he is named as father on the birth certificate, entering into a parental responsibility agreement, or obtaining a court order. Decisions about child arrangements are made in a way like divorce cases, with the child’s welfare being the primary focus.
Is a child arrangement order legally binding?
Yes, this means that the court can enforce an order if either party is found to be in breach of its terms.
Can my ex stop me from seeing my child?
Unless there is a Court order to the contrary, a parent with parental responsibility is not obliged to facilitate contact arrangements. If you are being denied access, contact our child arrangement solicitors for advice.
What is the difference between a residence order and a contact order?
Residence orders and contact orders have been combined in the form of a child arrangements order, which means that whoever the child lives with and who they spend time with is detailed in one order, rather than two.
Some cases result in the child living primarily with one parent and the other will spend time with the child at regular, pre-planned intervals and this will be negotiated with the help of your solicitor. In other instances, it is possible for the child to spend equal time with both parents, this form of shared care arrangements is known as joint” live with” order. However, there are factors that the court will have to take into consideration for this to work, for example, would it be practical for the child to move regularly between homes.
Is it possible for a child to live with both parents on a part time basis?
Yes, it is possible for this to be agreed or ordered by the Court. If deciding the Court would consider that any decision must be in the child’s best interests.