Child Arrangements: Custody and Contact Explained | LegalDocuments.co.uk

Overview

A child arrangements agreement is a written record of how separated or divorcing parents will share the care of their children. It sets out who the child lives with, when they spend time with the other parent, and how the practical side of parenting will run day to day.

The terminology used to be 'custody' and 'access', but since the Children and Families Act 2014 the law uses 'child arrangements' instead, which covers both living arrangements and contact. A private agreement between parents is not automatically legally binding. Parents who want the terms enforceable by a court usually apply for a Child Arrangements Order, which the court will grant if it considers the arrangement is in the child's best interests.

Many families never need a court order and simply work from a written parenting plan, which can be referred to later if disagreements arise. Whatever form it takes, the welfare of the child is the guiding principle, and the arrangement should be flexible enough to grow with the child.

Key steps

1. Talk before you write anything down. Before drafting terms, both parents should try to agree in principle on the big questions: where the children will mainly live, how often they will see the other parent, and how school holidays will be split. Having these conversations early, ideally with a mediator if things are tense, prevents the written agreement from becoming a battleground later.
2. Set out who lives where and when. The heart of any arrangement is the living and contact schedule. Describe the usual weekly pattern in plain terms, including school nights, weekends, and handover times and places. Be specific about pick-up and drop-off arrangements, because vague wording is where most disputes start. Include a method for swapping dates when work or illness gets in the way.
3. Cover holidays, birthdays and special days. School holidays need their own section, usually splitting the longer breaks and alternating key dates like Christmas Day, religious festivals and each parent's birthday. Half-terms are often rotated year on year. Thinking through a full calendar year before signing anything avoids awkward arguments in December about whose turn it is.
4. Agree how decisions get made. Day-to-day decisions usually fall to whichever parent has the child at the time, but bigger choices around schooling, medical treatment, religion and travel abroad are normally shared. Record how you will consult each other, how quickly a response is expected, and what happens if you disagree. Travel outside the UK generally needs consent from everyone with parental responsibility.
5. Write it down and review it regularly. Put the terms in a dated written document signed by both parents. A parenting plan is not a court order but it shows intent and provides a reference point. Diarise a review, perhaps annually or when a child changes school, because arrangements that work for a four-year-old rarely suit a teenager. If you want the terms enforceable, consider applying for a consent order through the family court.