When parents separate, one of the biggest concerns is what will happen to their children. While every family is different, the law is guided by one overriding principle: the welfare of a child should be the “paramount consideration”. In other words, any arrangements or agreements should be in the best interests of the child. This concept sits at the centre of decisions about child arrangements after separation, whether parents reach an agreement by themselves or it’s decided by the court.
Understanding what this actually means can help parents make informed decisions throughout the process and ultimately keep the focus where it belongs on their child’s wellbeing.
Child arrangements after separation
Following a separation, parents need to decide where their child or children will live, how much time they will spend with each parent and how important decisions about their upbringing will be made. The good news is that these childcare arrangements after separation can often be agreed between parents without the need for legal intervention or formality.
Many families successfully create flexible arrangements that suit their circumstances and evolve as their children grow. The exact arrangement will depend on things such as work commitments, school routines, the children’s ages and their individual needs.
Where parents cannot agree, there are various Non-Court Dispute Resolution options available, including Resolution Together, Collaborative Practice and Mediation[RB1] . Where parents are seeking to reach an agreement outside of Court, they are encouraged to consider the child’s wishes and feelings as the Court would and they might consider Child Inclusive Mediation where age appropriate.
If an agreement can’t be reached out of Court, either parent can ask the court to make a child arrangement order, which sets out where the child will live and when they will spend time with the other parent.
What does ‘best interests of the child’ mean?
The prioritisation of a child’s welfare and consideration of what is in the best interests of the child is more than just an idea – it’s the legal standard that underpins decisions about child arrangements in England and Wales.
The court does not start from the position that one parent is more important than the other, nor will it insist on trying to divide time equally in every case. Every family and, indeed, every child, is different. The priority is to identify the arrangement that will best support the child’s welfare and wellbeing, both now and in the future.
This means every decision is based on the individual child or children involved, rather than applying a one-size-fits-all approach.
So how are a child’s best interests assessed?
When considering a child’s welfare and interests, the court applies what is known as the ‘welfare checklist’ under the Children Act 1989. This includes a number of factors, including:
- Their physical, emotional and educational needs.
- The likely effect of changes to their circumstances.
- Their age, background and any characteristics the court considers relevant.
- Any harm the child has suffered or may be at risk of.
- The child’s wishes and feelings, taking into account their age and level of understanding of the situation.
- How well each parent will be able to meet the child’s needs.
No single factor automatically outweighs another. Instead, the court considers the overall picture to determine what outcome is most likely to be best for the child.
Is shared care always considered best?
While shared care works well for many families, there is no legal presumption that a 50/50 arrangement is always in a child’s best interests.
In some situations, equal time may be practical and beneficial. In others, things like schooling, distance between homes, the child’s routine or additional support needs may mean a different arrangement is more appropriate.
Keeping the child’s needs at the centre
The focus remains on what works best for the child rather than what feels fairest for the adults. Where there is parental conflict, this key point can sometimes be overshadowed by the parents’ own feelings.
Where possible, parents are encouraged to work together to make decisions that provide stability, consistency and positive relationships with both parents. Open communication and a willingness to adapt arrangements as children grow can often avoid unnecessary conflict.
If agreement proves difficult, or even if there are a few smaller points of dispute, seeking legal advice at an early stage can help parents understand their options and make decisions that reflect the child’s best interests.
Ultimately, decisions about children should always be led with one question: what arrangement will best support this child’s wellbeing, development and happiness?
Child arrangements after separation: FAQs
What are child arrangements after separation?
These are the practical arrangements for where a child will live, who they will spend time with and how parents share day-to-day responsibility following separation. These might be set out by the court in a child arrangement order if an agreement cannot be reached between the parents.
Does the court always aim for 50/50 shared care?
No. The court does not automatically favour equal time. It will make the arrangement that is in the best interests of the child, and best meets their individual needs, taking into account all of the circumstances.
What does ‘best interests of the child’ mean?
The welfare of a child should be the “paramount consideration”. In other words, any arrangements or agreements should be in the best interests of the child. It is the legal principle that every decision affecting a child should prioritise their welfare, safety and overall wellbeing above all other considerations.
Can children have a say in where they live?
Yes. Depending on their age and maturity, a child’s wishes and feelings may be taken into account as part of the court’s assessment, although this is only one factor among many. Where parents are seeking to reach an agreement outside of Court, they are encouraged to consider the child’s wishes and feelings as the Court would.
To speak to a family law expert about child arrangements after separation, get in touch with Batt Broadbent today.