Child arrangements after separation
Parental responsibility, parenting plans, mediation and Form C100: how arrangements for children are agreed or decided.
When parents separate, the arrangements for the children come first. The law in England and Wales does not give either parent automatic "custody": it asks what is best for each child. Most families agree arrangements without a court; this guide explains how, and what happens if you cannot.
General information, not legal advice
This guide describes the law and court procedure in England and Wales as we understand them in October 2026. Every family is different, and rules, forms and court fees change: check GOV.UK for current fees and speak to a solicitor before you act on anything here.
Who has parental responsibility?
Parental responsibility means the rights, duties and authority a parent has for a child, for example to decide on schooling, medical treatment or religion. A mother always has it. A father has it if he was married to the mother at the birth, or if he is named on the birth certificate for a birth registered in England and Wales after 1 December 2003. Otherwise it can be acquired by agreement or by court order.
Parents with parental responsibility should make important decisions about the child together, whatever the living arrangements.
Step 1: Try to agree a parenting plan
A parenting plan is a written agreement between parents setting out where the children will live, how much time they spend with each parent, how holidays and special days are shared, how you will communicate, and how you will decide on school or health questions. Cafcass publishes a free parenting plan template.
A plan agreed between you is usually more flexible and more durable than one imposed by a judge. Many parents reach it directly, or with the help of solicitors or a mediator.
Step 2: Family mediation and the MIAM
If you cannot agree, the next step is normally family mediation. Before applying to the court, you must attend a MIAM (Mediation Information and Assessment Meeting), unless an exemption applies, for example evidence of domestic abuse, a risk to the child, or urgency.
Mediation can also include the children's voice: some accredited mediators are trained to meet children directly, when it is appropriate for their age.
If you or your children are at risk
Your safety comes first. If there is domestic abuse, you do not have to attend a MIAM or sit in the same room as the other parent, and the court can make urgent protective orders. In an emergency, call 999.
Step 3: Apply to the court with Form C100
If agreement is not possible, a parent can apply to the family court on Form C100. The court can make:
- a child arrangements order, which sets out with whom a child lives and with whom they spend time;
- a specific issue order, which decides one question, such as a choice of school or a move abroad;
- a prohibited steps order, which prevents a parent from taking a particular step, such as changing the child's school or removing the child from the country.
Step 4: What happens at court
- Safeguarding checks. Before the first hearing, Cafcass (Cafcass Cymru in Wales), the service that advises the family court on children, makes police and local authority checks and usually speaks to each parent by telephone.
- First hearing (FHDRA). The First Hearing Dispute Resolution Appointment tries to narrow the issues and reach agreement. Parents are often directed to attend a course on co-parenting after separation.
- Reports and evidence. If needed, the court asks Cafcass or the local authority for a section 7 report on the child's welfare and wishes, and the parents file written statements.
- Dispute Resolution Appointment and final hearing. A further hearing reviews the report and tries again to agree. If agreement is still not possible, the judge decides at a final hearing.
A contested case can take many months. The process may differ in some courts, which are testing new approaches.
How the court decides
Under the Children Act 1989, the child's welfare is the court's paramount consideration. The judge looks at the welfare checklist, which includes:
- the child's wishes and feelings, considered in the light of their age and understanding;
- their physical, emotional and educational needs;
- the likely effect of any change in their circumstances;
- their age, sex, background and any relevant characteristics;
- any harm they have suffered or are at risk of suffering;
- how capable each parent is of meeting their needs.
The court presumes that the involvement of both parents furthers the child's welfare, unless there is evidence of risk. It also makes no order at all unless an order is better for the child than none.
Moving abroad with your children
Never move a child abroad without consent
Taking a child out of England and Wales without the consent of everyone with parental responsibility, or without the court's permission, can be a criminal offence and child abduction under the Hague Convention. This also applies to a move to France. A parent named in a "lives with" order may take the child abroad for up to one month without that consent.
If you want to relocate, for example back to France, you will need the other parent's written agreement or the court's permission, through a specific issue order. The court will want a detailed plan showing how the child will keep a meaningful relationship with the other parent.
Child maintenance
Financial support for children is separate from the time they spend with each parent. Parents can agree an amount between themselves, or use the Child Maintenance Service, which calculates it from the paying parent's income and the number of nights the children spend with them.
Every family situation is different. Talk it through with one of our solicitors before you take a decision that is difficult to undo.