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Child Arrangements

Children and divorce: arrangements, contact and maintenance

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Published:
October 1, 2026
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Child arrangements after separation in England and Wales: living arrangements and contact, the C100 form, child maintenance, moving away and parental rights.
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October 1, 2026
Information

Short answer

Separated parents are encouraged to agree where children live and who they spend time with. If you cannot agree, you can apply for a child arrangements order on form C100 (subject to a fee). The court's paramount concern is the child's welfare, not either parent's rights. While the term ‘custody’ is often heard, under law there is no longer "custody" of children in England and Wales.

Who gets custody of a child after separation?

The law no longer uses the words custody and access. Instead, a court can make a child arrangements order setting out who a child lives with and when they spend time with each parent. Most parents never need one: you can agree arrangements yourselves and write them down in a parenting plan.

If the court decides, the child's welfare is its paramount consideration under section 1 of the Children Act 1989. It considers the welfare checklist, including:

  • the child's wishes and feelings, in light of their age and understanding
  • their physical, emotional and educational needs
  • the likely effect of any change in circumstances
  • any harm they have suffered or are at risk of
  • how capable each parent is of meeting their needs

There is no automatic right to 50/50 shared care. The court currently presumes that involvement of each parent will further the child's welfare, unless that would put the child at risk. The government has said it will repeal this presumption, but as at September 2026 it is still in force.

How do you apply for a child arrangements order?

You apply on form C100, online or by post, and the court fee is £270 but can change so please check this. The same form is used for prohibited steps and specific issue orders. Before applying you usually have to attend a mediation information and assessment meeting (MIAM). You do not have to if, for example, you have evidence of domestic abuse, the case is urgent, or you attended mediation in the last 4 months.

After you apply, Cafcass (the court's children's advisory service) carries out safeguarding checks, and there is a first hearing to see whether you can agree. If not, the court may ask for a report and set a final hearing. GOV.UK says cases take around 10 months on average.

What can you do if your ex won't let you see your child?

If there is no court order, one parent stopping contact is not unlawful in itself, but you can apply for a child arrangements order. Fathers and mothers have the same legal position: the court does not favour either parent.

If there is already an order and it is being broken, you can apply to enforce it (form C79). The court can change the arrangements, order unpaid work or require compensation for financial loss. Where there are safety concerns the court may order supervised contact, where another adult is present. Claims that a child is being turned against a parent (often called parental alienation) are taken seriously but must be proved with evidence.

How much child maintenance should you pay?

Both parents must support their child financially, whatever the contact arrangements. You can agree an amount between you (a family-based arrangement) or use the Child Maintenance Service (CMS), which works out payments based on the paying parent's gross weekly income. The main rates (which should be checked as they may change) are:

  • Flat rate: £7 a week if gross income is £7 to £100 a week or the parent is on certain benefits
  • Reduced rate: for income between £100.01 and £199.99 a week
  • Basic rate: a percentage of income between £200 and £3,000 a week, depending on the number of children

For shared care, the amount is reduced by one seventh for 52 to 103 nights a year, two sevenths for 104 to 155, three sevenths for 156 to 174, and by half plus £7 a week for 175 nights or more.

If your ex is not paying, the CMS can use Collect and Pay (with fees of 20% added for the paying parent and 4% taken from the receiving parent) and take enforcement action such as deductions from earnings or bank accounts. The government plans to halve these fees and end Direct Pay, but those changes are not expected until 2027/28.

Can you move away or take your child abroad without consent?

You need the written consent of everyone with parental responsibility, or the court's permission, to take a child out of the UK. Doing so without it can be a criminal offence under the Child Abduction Act 1984. One exception: a person named in a child arrangements order as someone the child lives with can take them abroad for less than one month without consent.

If you cannot agree about a move, holidays, schooling or a change of surname, either parent can apply to court for:

  • a specific issue order, to decide a particular question such as which school or whether a relocation can go ahead
  • a prohibited steps order, to stop a parent doing something, such as moving the child abroad

Where a child arrangements order is in place, no one can change the child's surname without everyone's written consent or the court's permission.

What is parental responsibility and who has it?

Parental responsibility means the legal rights and duties for a child's upbringing, such as choosing their school, agreeing to medical treatment and naming them. Mothers and married fathers have it automatically. An unmarried father has it if he is named on the birth certificate for a birth registered in England or Wales after 1 December 2003.

Others can get parental responsibility by a parental responsibility agreement (form C(PRA1), or C(PRA2) for step-parents) or a court order (form C1, fee £270). A child arrangements order naming you as a person the child lives with also gives you parental responsibility.

Grandparents have no automatic right to see grandchildren. They usually need the court's permission before they can apply for a child arrangements order.

What are the key deadlines and time limits?

These time limits often come up in children cases:

  • Less than one month: the longest a parent named as someone the child lives with in a child arrangements order can take the child abroad without consent (governed by the Children’s Act 1989).
  • 4 months: if you attended mediation within the last 4 months, you are exempt from attending a new MIAM before applying (Rule 3.8 of the Family Procedure Rules 2010 (FPR), supported by Practice Direction 3A).
  • Around 10 months: the average time a child arrangements case takes to finish, according to GOV.UK.
  • Child maintenance: usually payable until the child is 16, or under 20 if they are in full-time non-advanced education such as A levels.

What should you do next?

  1. Try to agree arrangements with the other parent and write them down in a parenting plan covering living arrangements, holidays, school and communication.
  2. Work out child maintenance using the GOV.UK calculator, and decide whether to agree it privately or use the Child Maintenance Service.
  3. If you cannot agree, attend a MIAM (unless an exemption applies), then apply on form C100 and pay the £270 fee or apply for Help with Fees.
  4. Keep a record of missed contact, messages and payments, as courts and the CMS rely on evidence.
  5. Ask Libra to explain your options, such as how shared care affects maintenance or how to apply for a specific issue order.
  6. If there are safety concerns or a planned move abroad, find a lawyer or clinic through Libra quickly.

Frequently asked questions

Is 50/50 custody the default in the UK?

No. There is no legal presumption of equal time in England and Wales. The court decides based on the child's welfare and the welfare checklist. Shared care can be ordered where it works for the child, and the court currently presumes that each parent's involvement benefits the child unless there is a risk of harm. Please also bear in mind that custody is no longer a recognised legal term – you can use child arrangements, contact, living and maintenance arrangements as alternatives.

What rights does an unmarried father have?

An unmarried father has parental responsibility if he is on the birth certificate for a birth registered in England or Wales after 1 December 2003. Otherwise he can get it by agreement with the mother or a court order. Whatever his status, he must pay child maintenance and can apply for a child arrangements order.

Can my ex stop me seeing my child?

Without a court order, there is no legal rule forcing one parent to allow contact, but you can apply for a child arrangements order on form C100. If an order already exists and is being ignored, you can apply to the court to enforce it, and the court can impose penalties or change the arrangements.

How is child maintenance worked out with shared care?

The Child Maintenance Service reduces the paying parent's amount according to how many nights a year the child stays with them. The reduction is one seventh for 52 to 103 nights, rising to half plus £7 a week for 175 nights or more. Private agreements can use any split you both agree.

Can I take my child on holiday abroad without the other parent's permission?

Generally no. You need written consent from everyone with parental responsibility or a court order. The exception is if a child arrangements order says the child lives with you: you can then take them abroad for less than one month. Taking a child abroad without consent can be a criminal offence.

Do grandparents have a right to see their grandchildren?

Not automatically. Grandparents usually need the court's permission before they can apply for a child arrangements order. The court considers their connection with the child, the application's likely disruption to the child and the parents' views. Many grandparents first try to agree contact with the parents.

Can I change my child's surname after separation?

Only with the agreement of everyone who has parental responsibility, or with the court's permission. If you cannot agree, you can apply for a specific issue order. Where a child arrangements order is in place, the law specifically prevents a change of surname without written consent or permission.

At what age can a child choose which parent to live with?

There is no set age in England and Wales. The court decides based on the child's welfare and gives more weight to the wishes of older, more mature children, but a child's preference is never the only factor. Orders usually last until 16, or 18 in exceptional cases.

Can I stop my ex seeing our child if they owe child maintenance?

No. Child maintenance and time with a child are legally separate. Withholding contact because payments are missed can count against you if the other parent applies to court. Unpaid maintenance is pursued through the Child Maintenance Service, which can take enforcement action, not by stopping contact.

Can my ex move house with our child without telling me?

If you both have parental responsibility, a move within the country is not usually prohibited, but a move that seriously affects your time with the child should be discussed first. If you cannot agree, you can apply to court for a specific issue order or prohibited steps order.

Does my child have to see their other parent if they refuse?

Courts take a child's refusal seriously and look at why. Sometimes contact is paused or changed, or indirect contact is used, but a child's reluctance is usually explored rather than accepted at face value. Where a parent may have influenced the child, the court can order support to rebuild the relationship.

Can a new partner have parental responsibility for my child?

Not automatically. A step-parent can get it by agreement with everyone who has it, or by a court order. A married step-parent or civil partner can make a parental responsibility agreement with the parents, and an unmarried partner can apply for a child arrangements order.

What happens to child arrangements if one parent moves abroad permanently?

Moving a child abroad permanently needs the consent of everyone with parental responsibility, or the court's permission. The court looks at the child's welfare, the reasons for the move and the impact on the relationship with the parent left behind. Acting without consent may amount to child abduction.

Ask Libra

  • At what age can a child choose which parent to live with?
  • Can I refuse contact if my ex has not paid child maintenance?
  • Can my ex move away with our child without my consent?
  • How can a step-parent get parental responsibility?
  • What can I do if my child refuses to see my ex?
  • What is a prohibited steps order and how do I apply for one?

Sources

This guide is general information about the law in England and Wales as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.

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Short answer

Separated parents are encouraged to agree where children live and who they spend time with. If you cannot agree, you can apply for a child arrangements order on form C100 (subject to a fee). The court's paramount concern is the child's welfare, not either parent's rights. While the term ‘custody’ is often heard, under law there is no longer "custody" of children in England and Wales.

Who gets custody of a child after separation?

The law no longer uses the words custody and access. Instead, a court can make a child arrangements order setting out who a child lives with and when they spend time with each parent. Most parents never need one: you can agree arrangements yourselves and write them down in a parenting plan.

If the court decides, the child's welfare is its paramount consideration under section 1 of the Children Act 1989. It considers the welfare checklist, including:

  • the child's wishes and feelings, in light of their age and understanding
  • their physical, emotional and educational needs
  • the likely effect of any change in circumstances
  • any harm they have suffered or are at risk of
  • how capable each parent is of meeting their needs

There is no automatic right to 50/50 shared care. The court currently presumes that involvement of each parent will further the child's welfare, unless that would put the child at risk. The government has said it will repeal this presumption, but as at September 2026 it is still in force.

How do you apply for a child arrangements order?

You apply on form C100, online or by post, and the court fee is £270 but can change so please check this. The same form is used for prohibited steps and specific issue orders. Before applying you usually have to attend a mediation information and assessment meeting (MIAM). You do not have to if, for example, you have evidence of domestic abuse, the case is urgent, or you attended mediation in the last 4 months.

After you apply, Cafcass (the court's children's advisory service) carries out safeguarding checks, and there is a first hearing to see whether you can agree. If not, the court may ask for a report and set a final hearing. GOV.UK says cases take around 10 months on average.

What can you do if your ex won't let you see your child?

If there is no court order, one parent stopping contact is not unlawful in itself, but you can apply for a child arrangements order. Fathers and mothers have the same legal position: the court does not favour either parent.

If there is already an order and it is being broken, you can apply to enforce it (form C79). The court can change the arrangements, order unpaid work or require compensation for financial loss. Where there are safety concerns the court may order supervised contact, where another adult is present. Claims that a child is being turned against a parent (often called parental alienation) are taken seriously but must be proved with evidence.

How much child maintenance should you pay?

Both parents must support their child financially, whatever the contact arrangements. You can agree an amount between you (a family-based arrangement) or use the Child Maintenance Service (CMS), which works out payments based on the paying parent's gross weekly income. The main rates (which should be checked as they may change) are:

  • Flat rate: £7 a week if gross income is £7 to £100 a week or the parent is on certain benefits
  • Reduced rate: for income between £100.01 and £199.99 a week
  • Basic rate: a percentage of income between £200 and £3,000 a week, depending on the number of children

For shared care, the amount is reduced by one seventh for 52 to 103 nights a year, two sevenths for 104 to 155, three sevenths for 156 to 174, and by half plus £7 a week for 175 nights or more.

If your ex is not paying, the CMS can use Collect and Pay (with fees of 20% added for the paying parent and 4% taken from the receiving parent) and take enforcement action such as deductions from earnings or bank accounts. The government plans to halve these fees and end Direct Pay, but those changes are not expected until 2027/28.

Can you move away or take your child abroad without consent?

You need the written consent of everyone with parental responsibility, or the court's permission, to take a child out of the UK. Doing so without it can be a criminal offence under the Child Abduction Act 1984. One exception: a person named in a child arrangements order as someone the child lives with can take them abroad for less than one month without consent.

If you cannot agree about a move, holidays, schooling or a change of surname, either parent can apply to court for:

  • a specific issue order, to decide a particular question such as which school or whether a relocation can go ahead
  • a prohibited steps order, to stop a parent doing something, such as moving the child abroad

Where a child arrangements order is in place, no one can change the child's surname without everyone's written consent or the court's permission.

What is parental responsibility and who has it?

Parental responsibility means the legal rights and duties for a child's upbringing, such as choosing their school, agreeing to medical treatment and naming them. Mothers and married fathers have it automatically. An unmarried father has it if he is named on the birth certificate for a birth registered in England or Wales after 1 December 2003.

Others can get parental responsibility by a parental responsibility agreement (form C(PRA1), or C(PRA2) for step-parents) or a court order (form C1, fee £270). A child arrangements order naming you as a person the child lives with also gives you parental responsibility.

Grandparents have no automatic right to see grandchildren. They usually need the court's permission before they can apply for a child arrangements order.

What are the key deadlines and time limits?

These time limits often come up in children cases:

  • Less than one month: the longest a parent named as someone the child lives with in a child arrangements order can take the child abroad without consent (governed by the Children’s Act 1989).
  • 4 months: if you attended mediation within the last 4 months, you are exempt from attending a new MIAM before applying (Rule 3.8 of the Family Procedure Rules 2010 (FPR), supported by Practice Direction 3A).
  • Around 10 months: the average time a child arrangements case takes to finish, according to GOV.UK.
  • Child maintenance: usually payable until the child is 16, or under 20 if they are in full-time non-advanced education such as A levels.

What should you do next?

  1. Try to agree arrangements with the other parent and write them down in a parenting plan covering living arrangements, holidays, school and communication.
  2. Work out child maintenance using the GOV.UK calculator, and decide whether to agree it privately or use the Child Maintenance Service.
  3. If you cannot agree, attend a MIAM (unless an exemption applies), then apply on form C100 and pay the £270 fee or apply for Help with Fees.
  4. Keep a record of missed contact, messages and payments, as courts and the CMS rely on evidence.
  5. Ask Libra to explain your options, such as how shared care affects maintenance or how to apply for a specific issue order.
  6. If there are safety concerns or a planned move abroad, find a lawyer or clinic through Libra quickly.

Frequently asked questions

Is 50/50 custody the default in the UK?

No. There is no legal presumption of equal time in England and Wales. The court decides based on the child's welfare and the welfare checklist. Shared care can be ordered where it works for the child, and the court currently presumes that each parent's involvement benefits the child unless there is a risk of harm. Please also bear in mind that custody is no longer a recognised legal term – you can use child arrangements, contact, living and maintenance arrangements as alternatives.

What rights does an unmarried father have?

An unmarried father has parental responsibility if he is on the birth certificate for a birth registered in England or Wales after 1 December 2003. Otherwise he can get it by agreement with the mother or a court order. Whatever his status, he must pay child maintenance and can apply for a child arrangements order.

Can my ex stop me seeing my child?

Without a court order, there is no legal rule forcing one parent to allow contact, but you can apply for a child arrangements order on form C100. If an order already exists and is being ignored, you can apply to the court to enforce it, and the court can impose penalties or change the arrangements.

How is child maintenance worked out with shared care?

The Child Maintenance Service reduces the paying parent's amount according to how many nights a year the child stays with them. The reduction is one seventh for 52 to 103 nights, rising to half plus £7 a week for 175 nights or more. Private agreements can use any split you both agree.

Can I take my child on holiday abroad without the other parent's permission?

Generally no. You need written consent from everyone with parental responsibility or a court order. The exception is if a child arrangements order says the child lives with you: you can then take them abroad for less than one month. Taking a child abroad without consent can be a criminal offence.

Do grandparents have a right to see their grandchildren?

Not automatically. Grandparents usually need the court's permission before they can apply for a child arrangements order. The court considers their connection with the child, the application's likely disruption to the child and the parents' views. Many grandparents first try to agree contact with the parents.

Can I change my child's surname after separation?

Only with the agreement of everyone who has parental responsibility, or with the court's permission. If you cannot agree, you can apply for a specific issue order. Where a child arrangements order is in place, the law specifically prevents a change of surname without written consent or permission.

At what age can a child choose which parent to live with?

There is no set age in England and Wales. The court decides based on the child's welfare and gives more weight to the wishes of older, more mature children, but a child's preference is never the only factor. Orders usually last until 16, or 18 in exceptional cases.

Can I stop my ex seeing our child if they owe child maintenance?

No. Child maintenance and time with a child are legally separate. Withholding contact because payments are missed can count against you if the other parent applies to court. Unpaid maintenance is pursued through the Child Maintenance Service, which can take enforcement action, not by stopping contact.

Can my ex move house with our child without telling me?

If you both have parental responsibility, a move within the country is not usually prohibited, but a move that seriously affects your time with the child should be discussed first. If you cannot agree, you can apply to court for a specific issue order or prohibited steps order.

Does my child have to see their other parent if they refuse?

Courts take a child's refusal seriously and look at why. Sometimes contact is paused or changed, or indirect contact is used, but a child's reluctance is usually explored rather than accepted at face value. Where a parent may have influenced the child, the court can order support to rebuild the relationship.

Can a new partner have parental responsibility for my child?

Not automatically. A step-parent can get it by agreement with everyone who has it, or by a court order. A married step-parent or civil partner can make a parental responsibility agreement with the parents, and an unmarried partner can apply for a child arrangements order.

What happens to child arrangements if one parent moves abroad permanently?

Moving a child abroad permanently needs the consent of everyone with parental responsibility, or the court's permission. The court looks at the child's welfare, the reasons for the move and the impact on the relationship with the parent left behind. Acting without consent may amount to child abduction.

Ask Libra

  • At what age can a child choose which parent to live with?
  • Can I refuse contact if my ex has not paid child maintenance?
  • Can my ex move away with our child without my consent?
  • How can a step-parent get parental responsibility?
  • What can I do if my child refuses to see my ex?
  • What is a prohibited steps order and how do I apply for one?

Sources

This guide is general information about the law in England and Wales as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.

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