Child arrangements orders explained

About a 6-minute read

In short

A child arrangements order says who a child lives with and who they spend time with.
The child's welfare is the court's only priority. It isn't about fairness between parents.
"Shared care" is possible. A "lives with" order can name both parents.
The court can also decide specific issues, like schools, holidays abroad or changing a child's name.

The types of order

These are made under section 8 of the Children Act 1989, so you'll hear them called "section 8 orders".

Child arrangements order, "lives with": where the child lives. It can name both parents, even if the time isn't split 50/50.
Child arrangements order, "spends time with" (or "otherwise has contact with"): the time a child spends with the other parent, which can include overnight stays, holidays, phone and video calls.
Specific issue order: the court decides one particular question the parents can't agree on, such as which school.
Prohibited steps order: stops a parent doing something, such as moving the child abroad without agreement.

Applying costs £270 (the C100 fee, checked October 2026). You may be able to get help with fees if you're on a low income.

How the court decides

The child's welfare comes first. That's the paramountcy principle.
The welfare checklist. The court looks at the child's wishes and feelings, their needs, the effect of any change, their age and background, any harm or risk of harm, and how capable each parent is. See the jargon buster.
Delay is bad for children, so the court tries to avoid it.
No order unless it helps. If you can agree, the court may decide no order is needed.
Involvement of both parents. The law currently presumes that involvement of each parent will further the child's welfare, unless there's evidence it would put the child at risk.

Change coming: the government plans to remove the presumption of parental involvement through the Courts and Tribunals Bill, which is going through Parliament (at House of Lords committee stage in November 2026). Until it becomes law and comes into force, the presumption still applies. Either way, the court's focus will stay on what's best and safe for each child.

Parental responsibility

Parental responsibility (PR) is the legal rights and responsibilities a parent has, such as consenting to medical treatment, choosing a school and being told about your child's education and health. As a father, you have PR if:

you were married to the child's mother when the child was born, or married her later
you're named on the birth certificate, for births registered from 1 December 2003 in England and Wales
you have a parental responsibility agreement with the mother, or a court order

If you're named in a "lives with" order, you get PR automatically. If you're named in a "spends time with" order, the court must consider whether to give you PR.

What makes a good proposal

Specific days and times, and who does pick-ups and drop-offs
School holidays, Christmas, birthdays and Father's/Mother's Day
Phone or video calls when the children are with the other parent
A stepped build-up if you haven't seen the children for a while
Practical details that show it works: your work pattern, the children's bedroom, school travel

If the order isn't followed

Keep a simple diary of missed handovers, with dates. Try to sort it out calmly first. If it keeps happening without good reason, you can apply to the court to enforce the order using form C79. The fee is £270. The court will look at why the order isn't working and may change it.

This guide is general information about private children cases in England and Wales, checked in October 2026. It isn't legal advice for your situation. Rules and fees change, and every case is different. If you're unsure, ask the court, or speak to a solicitor. Some parents qualify for legal aid, especially where there's domestic abuse.