
Organising fair child custody arrangements can be a headache in a very emotive time for all involved. Whether you’re recently separated or dealing with changing family dynamics, it’s important that parents understand their rights and responsibilities crucial for ensuring the children’s wellbeing remains the top priority throughout any legal proceedings.
And at the centre of it all, are children that need a suitable quality of life, with food, clothing, and a safe environment to live. Considering most relationships are not amicable after they end, it is imperative that their welfare be remembered in times of animosity.
The Legal Framework in England and Wales
In England and Wales, the term “child custody” has been replaced by “child arrangements” in legal contexts, reflecting a more modern approach to parenting after separation. These arrangements encompass where children will live, how much time they spend with each parent, and how key decisions about their upbringing will be made.
Family law specialists at Woolley & Co Solicitors emphasise that courts always prioritise the child’s best interests when making decisions about their future. This principle guides every aspect of child arrangement proceedings, from initial negotiations to final court orders.
A 2022 MORI poll found:
- 64% of separated parents reported having financial arrangements for child support, and 50% had non-financial care arrangements, such as overnight stays or school pick-ups.
- However, 26% of parents did not have any arrangements for support, with 38% of Parents with Care (PWCs) and 13% of Non-Resident Parents (NRPs) lacking arrangements.

Types of Child Arrangements
Several common arrangements exist, though each family’s situation is unique:
Shared Care Arrangements
This co-parenting approach involves children spending substantial time with both parents, requiring effective communication and coordination between households. It works best when parents live relatively close to each other and can maintain consistent routines for their children.
Live With Orders
These specify which parent the child will primarily live with, while ensuring the other parent maintains regular contact. This arrangement might be more suitable when parents live further apart or have complex work schedules.
Specific Issue Orders
These address particular aspects of a child’s upbringing, such as education choices or medical decisions, especially when parents cannot agree on important matters.

Making Arrangements Work
Successful child arrangements depend on several key factors:
Communication
Maintaining clear, respectful communication between parents is essential. Many family law solicitors recommend keeping a shared calendar for children’s activities and appointments, helping both parents stay involved in their children’s lives.
Statistical Insight:
- 83% of parents without support arrangements said they would like assistance to create one, with 31% highlighting the need for services that help ensure payments are made.
Flexibility
While having a structured arrangement is important, being flexible when circumstances change can help reduce conflict. Family lawyers often advise including provisions for special occasions and holidays in any formal agreements.
Child-Focused Approach
Remember that arrangements should adapt as children grow and their needs change. Family law specialists emphasise the importance of regularly reviewing arrangements to ensure they continue serving the child’s best interests.
Legal Support and Documentation
Whether you’re separating amicably or facing challenges, seeking professional legal guidance can help protect your children’s interests. Family law solicitors can assist with:
- Drafting comprehensive parenting plans
- Negotiating arrangements through mediation
- Securing court orders when necessary
- Modifying existing arrangements as circumstances change
A quarter (25%) of parents with financial arrangements used the Child Maintenance Service (CMS), with 35% of PWCs using CMS compared to 22% of NRPs.
Common Challenges and Solutions
Distance
When parents live far apart, maintaining meaningful relationships requires careful planning. Family lawyers can help structure arrangements that make the most of available time while considering practical constraints.
New Partners
Introducing new partners into children’s lives often creates tension. Family law specialists can provide guidance on managing these transitions sensitively.
School Holidays
Planning holiday arrangements well in advance helps prevent conflicts. Many family solicitors recommend alternating specific holidays each year to ensure fairness.
Getting Professional Help
While some parents can agree on arrangements independently, others benefit from professional support. Family law specialists can provide valuable guidance on:
- Understanding your legal rights and responsibilities
- Exploring different arrangement options
- Documenting agreements formally
- Resolving disputes through mediation or court proceedings
Moving Forward
Creating successful child arrangements requires patience, understanding, and often professional guidance. Whether you’re just beginning this journey or need to modify existing arrangements, working with experienced family law solicitors can help ensure your children’s needs remain the focus throughout the process.
Remember that every family’s situation is unique, and what works for one may not work for another. The key is finding arrangements that serve your children’s best interests while being practical for all involved parties.
By prioritising your children’s wellbeing and seeking appropriate legal support when needed, you can create stable, effective arrangements that support your children’s development and maintain strong relationships with both parents.
Seeking professional guidance early in the process can help prevent future complications and ensure your arrangements are legally sound. Contact a qualified family lawyer to discuss your specific situation and explore the best options for your family’s future.