Many parents still talk about “custody” when discussing where their child will live after separation.
However, the law has changed: the courts now use the term “Child Arrangements Order” (CAO).
While the words may be different, the purpose is the same; to decide where a child lives, who they spend time with, and how decisions are shared.
This guide explains how the modern system works, what the court considers, and how to reach an agreement that supports your child’s wellbeing.
From ‘Custody’ to ‘Child Arrangements’
Before 2014, parents applied for Residence Orders or Contact Orders.
These terms have been replaced by the Child Arrangements Order under the Children and Families Act 2014.
A CAO sets out:
- Where and with whom a child lives; sometimes called a “lives-with” order.
- How and when the child spends time with the other parent; a “spends-time-with” order.
The change was introduced to make the language less confrontational and to encourage cooperation, not competition, between parents.
How the Court Decides Living and Contact Arrangements
If parents cannot agree, the Family Court steps in.
Every decision is guided by the child’s welfare, using the Section 1 Welfare Checklist from the Children Act 1989:
- The child’s wishes and feelings (depending on age and understanding).
- Their physical, emotional, and educational needs.
- The likely effect of any change in circumstances.
- The child’s age, sex, background, and other relevant factors.
- Any harm the child has suffered or is at risk of suffering.
- Each parent’s capability to meet the child’s needs.
- The overall range of powers available to the court.
Key Point: The court’s focus is always on what is best for the child, not what feels fair to the parents.
Agreements Without Going to Court
The best outcome is often reached through communication and compromise, not litigation.
Here are some practical options before filing a court application:
- Mediation: A neutral professional helps parents reach agreement.
- Parenting Plans: Written, flexible agreements setting out contact times, holidays, and decision-making.
- Solicitor-led Negotiation: Your family solicitor can correspond on your behalf to reduce conflict.
If an agreement is reached, it can be made legally binding by submitting a consent order to the court.
Tip: Courts expect parents to try mediation before issuing a formal application (unless domestic abuse or urgent risk is involved).
What Happens in Court
If a hearing becomes necessary:
- Application (C100 form): One parent applies for a CAO.
- First Hearing (FHDRA): The judge and a CAFCASS officer explore whether agreement is possible.
- Further Hearings: If issues remain, the court may order statements, assessments, or reports.
- Final Hearing: The judge decides the living and contact arrangements and records them in a formal order.
Parents must follow the terms of a CAO; breaching it without good reason can have legal consequences.
Practical Advice for Parents
| Do | Don’t |
| Keep communication civil and focused on the child | Speak negatively about the other parent in front of the child |
| Stick to agreed schedules and be reliable | Stick to agreed schedules and be reliable Cancel contact last minute without notice |
| Encourage your child to enjoy time with both parents | Use contact as leverage or punishment |
| Seek advice early if problems arise | Ignore court orders or written agreements |
Can Child Arrangements Orders Be Changed?
Yes. Life changes; children grow, parents relocate, jobs change.
If both parents agree, they can simply vary the arrangement informally or by filing a consent order.
If there’s disagreement, you can apply to court to vary the CAO.
The judge will again look at the child’s welfare and best interests, not convenience.
The move from “custody” to “child arrangements” reflects a simple truth: what matters most is the child’s stability and happiness, not winning or losing parental control.
With early legal advice, parents can avoid conflict, reduce stress, and focus on creating arrangements that genuinely work for the whole family.
If you need help agreeing or applying for a Child Arrangements Order, speak to our friendly and experienced team today.
We’ll explain your rights, guide you through the process, and help you reach a fair, child-focused solution.
FAQs
What is the difference between child custody and a Child Arrangements Order?
‘Custody’ is an outdated term. Since 2014, the courts use Child Arrangements Order (CAO) instead. A CAO sets out where a child lives (“lives-with” order) and how they spend time with the other parent (“spends-time-with” order). The aim is to encourage cooperation and focus on the child’s needs rather than parental disputes.
How does the court decide who the child lives with?
If parents can’t agree, the Family Court uses the Section 1 Welfare Checklist from the Children Act 1989. This includes the child’s wishes (based on age and understanding), their physical and emotional needs, the impact of changes, any risk of harm, and each parent’s ability to meet their needs. The court’s focus is always on the child’s best interests, not what’s fair to the parents.
Can parents avoid going to court over child arrangements?
Yes. Parents are encouraged to resolve matters outside court through mediation, solicitor-led negotiation, or parenting plans. If an agreement is reached, it can be made legally binding through a consent order. In most cases, courts expect parents to try mediation before applying, unless there’s an urgent risk or history of abuse.
Can a Child Arrangements Order be changed?
Yes, it can. If both parents agree, they can vary the terms informally or submit a consent order. If there’s disagreement, one parent can apply to the court to vary the CAO. The judge will once again consider the child’s welfare above all else, not what is convenient for the parents.
