Last year, we wrote a blog with practical advice to help separated parents make the festive season enjoyable and stress-free.
In this blog, we talk about the legal steps you can consider taking if you and your ex-partner can’t agree on child arrangements.
Child arrangements in the eyes of the law
Child custody, referred to as child arrangement orders, can be:
- Sole with one parent responsible for the child
- Joint with both parents sharing responsibility
- Other variations, such as grandparents or guardians being granted custody where neither parent is deemed capable
The type of arrangement is always determined by the child’s physical, emotional, and educational needs.
Anyone with custody of a child will be responsible for making decisions such as where they will go to school, what healthcare they will receive and where, which religion they will follow and other aspects of the child’s life. This differs from access, where a person is granted time with the child only.
What to do if you and your ex-partner can’t agree on child arrangements
If parents can’t agree on who the child should live with and how much time they spend with the other parent, they are required to attend a Mediation Information and Assessment Meeting (MIAM) as the first step. This is a discussion facilitated by a neutral mediator who will encourage progressive, future-focused conversations until an amicable agreement is reached. Any agreements will be set out in a formal document and made legally binding by the court.
If mediation fails, or if it is not a suitable method due to, for example, domestic abuse, the family courts will decide on arrangements for the child.
Court proceedings begin with completing a C100 form. This is an application to make arrangements for a child or resolve a dispute about their upbringing. There may be fees to pay at this point.
When the form has been processed by the court, you will be invited to attend a series of scheduled hearings. These allow the judge to assess you and your child’s individual situation.
The judge will consider several factors relating to the child’s welfare and the parents’ ability to look after them, as well as the wishes of the child depending on their age and understanding.
To enable the child to maintain a relationship with both parents, courts may grant joint “lived-with” orders, but they will consider any concerns that may compromise the child’s welfare. This could include occurrences of abuse, neglect or violence, parental unfitness, if one or both of the parents has a criminal record, or if one parent intends to relocate.
What is outlined in child arrangement orders?
These orders will typically stipulate:
- Where the child will live and with whom
- How much time they will spend with each parent, plus other types of contact, such as phone and video calls
- Arrangements for school holidays
- Arrangements for special occasions, such as birthdays and Christmas
- Specific Issue Orders – aspects of the child’s upbringing, such as where and how they will be educated
- Prohibited Steps Orders – actions that the court deems must be prevented. These could include taking the child out of the country or changing their surname
What to do if your ex-partner isn’t adhering to the terms set out in the child arrangement order
Begin by keeping a diary and note down how and when your ex-partner has not adhered to the agreement, plus your attempts to make the child arrangements work.
We always recommend talking to your ex-partner in the first instance to attempt to find an amicable solution. If that fails or is not possible, you will need to consider mediation.
If mediation isn’t an option for you or if you fail to reach an agreement that way, you will need to seek legal advice and complete a C79 form. This is an application to the court to enforce a child arrangements order.
In some cases, the court can order your ex-partner to complete community service, pay you compensation to cover any financial losses, or change the terms of your child arrangements order.
In extreme cases, such as where your ex-partner is persistently and deliberately not complying, the court may consider imprisonment.
AGR Law
For the best outcome for you and your child, we strongly recommend legal representation from our experienced, knowledgeable team. Not only will they provide the best legal advice and strong representation, but they will also support you throughout your case.
Please contact us at hello@agrlaw.co.uk or call 0116 340 0094
Kindly note, we will be closed from 1pm on Wednesday 24 December 2025 and will re-open at 9.30am on Monday 05 January 2026.