Child arrangements after separation
Child arrangement orders.
If parents cannot agree where a child lives, when they spend time with each parent, or how contact should work, mediation can help explore arrangements before court becomes necessary.
Recently separated?
Unsure about parenting arrangements?
Need help before a C100?
Want to avoid court where possible?
What is a child arrangements order?
A child arrangements order is a family court order that can decide where a child lives, who they spend time with, and when that contact happens.
Before applying to court
Many parents need to attend a MIAM before making a court application.
A Mediation Information and Assessment Meeting, known as a MIAM, allows an accredited mediator to explain mediation, assess whether it is suitable, and discuss options before a court application is made.
If mediation is suitable, parents may be able to discuss child arrangements without asking the court to decide. If mediation is not suitable, or does not proceed, the mediator can explain the next step and the relevant court form process.
What child arrangements can cover
Child arrangements are about practical decisions for the child’s life.
Where the child lives
The order can set out who the child lives with and how that arrangement works in practice.
Time with each parent
Arrangements can cover regular contact, weekends, school holidays, birthdays and other important dates.
Other forms of contact
Contact can include calls, video calls, messages or other arrangements where appropriate.
Handovers
Parents may need to agree where handovers happen, who attends and how conflict is kept away from the child.
School and routine
Arrangements can take account of school days, homework, clubs, travel and the child’s wider routine.
Future changes
Parents may need to plan how arrangements will be reviewed as the child grows or circumstances change.
How mediation can help
Mediation can help parents work through arrangements before asking the court to decide.
- Explore whether mediation is suitable at a MIAM.
- Discuss where the child lives and when they see each parent.
- Consider online mediation or shuttle mediation where appropriate.
- Record proposals where parents reach agreement.
- Identify issues that may still need legal advice or court input.
- Explain the mediation certificate process if mediation cannot proceed.
Court orders and related applications
Different child-related orders deal with different problems.
Child arrangements order
Deals with who the child lives with, who they spend time with, and when contact happens.
Specific issue order
Can ask the court to decide a specific issue about the child’s upbringing, where parents cannot agree.
Prohibited steps order
Can ask the court to stop a particular step being taken about the child without permission.
When mediation may not be suitable
If there are safeguarding concerns, domestic abuse, coercive control, fear, intimidation or serious welfare issues, mediation may not be appropriate. The mediator will assess suitability at the MIAM.
Where legal advice may be needed
Mediators do not give legal advice or make decisions for parents. If you need advice about your rights, court forms, evidence, exemptions or enforcement, you should speak to a legal adviser.
Child arrangement order questions
Do I need a MIAM before applying for a child arrangements order?
In many cases, you need to attend a MIAM before applying to the family court, unless a valid exemption applies. The mediator can explain this during the assessment.
Can mediation replace court?
Mediation can help parents reach their own arrangements where it is suitable. If agreement is not possible, court may still be needed.
Will the mediator decide where my child lives?
No. The mediator does not decide the outcome and does not take sides. The mediator helps parents discuss options and focus on the child’s needs.
What if the other parent refuses mediation?
The mediator can explain the process and, where appropriate, issue the relevant mediation confirmation so you understand your next step.
Can an agreement reached in mediation become legally binding?
An agreement reached in mediation is not automatically a court order. Parents should take legal advice if they want to understand how an agreement may be formalised.
Useful related pages
Before your MIAM
- List the child-arrangement issues you need to resolve.
- Bring details of any existing court orders or informal arrangements.
- Tell the mediator about any safeguarding or domestic abuse concerns.
- Ask whether mediation, online mediation or shuttle mediation may be suitable.
Need help before applying for a child arrangements order?
Contact Solent Family Mediation to discuss MIAMs, child arrangements, C100 mediation certificates, online mediation or shuttle mediation.