When separated parents cannot agree on arrangements for their child, the situation can quickly become stressful. Child arrangements cover where a child lives, how much time they spend with each parent, and how important decisions about their upbringing are made. If discussions break down, it does not mean one parent automatically “loses” their rights. Under the Children Act 1989, the court’s primary concern is the child’s welfare. The focus is always on what is best for the child, not what either parent prefers.

Mediation and the MIAM Requirement

Before making a court application, parents are usually required to attend a Mediation Information and Assessment Meeting (MIAM). This is a short meeting with a trained mediator to explore whether mediation could help resolve the dispute. There are exemptions, including cases involving domestic abuse or urgency, but in most situations the court expects mediation to be considered first. Taking early legal advice alongside mediation can help parents understand their position and reach practical agreements without the cost and delay of court proceedings.

Applying to the Family Court

If agreement still cannot be reached, either parent can apply to the Family Court for a Child Arrangements Order. The court will consider the welfare checklist set out in the Children Act 1989. This includes the child’s wishes and feelings (depending on age and understanding), their physical and emotional needs, any risk of harm, and each parent’s ability to meet those needs. There is no automatic preference for mothers or fathers. The court’s role is to decide what arrangements are in the child’s best interests based on the evidence.

When to Seek Legal Advice

If the dispute involves safeguarding concerns, relocation, repeated breaches of informal arrangements, or escalating conflict, legal advice should be sought promptly. A family solicitor can assist with negotiation, ensure procedural requirements are met, and represent you if court proceedings become necessary. Early, structured advice often helps prevent matters from becoming more entrenched and supports more stable arrangements for the child.

For more information, please contact us on 01524 907100, info@pre-law.co.uk or through our online enquiry form.