Child arrangements after separation

Overview

Separation does not automatically require a court application. Many parents are able to agree where a child will live, how time will be shared and how major decisions will be handled without asking a judge to intervene. The legal system actively encourages this, provided it is safe and appropriate.

Where agreement is not possible, a structured process exists. Parents may need to attend a MIAM, consider mediation or another non-court process, and if necessary issue a court application. Once a case enters court, Cafcass safeguarding checks, early hearings and case management directions usually follow.

This article explains the practical path after separation, from early discussions through to a court-based child arrangements dispute.

Key Legal Considerations

• The Child Arrangements Programme applies when separated parents or families dispute arrangements concerning children.
• Parents are strongly encouraged to try to resolve disputes outside court where safe and appropriate.
• Before making many relevant family applications, the prospective applicant must attend a MIAM unless a valid exemption applies under Family Procedure Rules 2010, r 3.8.
• The application is usually made on Form C100, with Form C1A used where there are allegations of harm or domestic abuse.
• The court sends the application to Cafcass or Cafcass Cymru for safeguarding checks shortly after issue.
• The court must consider non-court dispute resolution at every stage where appropriate.
• If allegations require determination, the court may direct a fact-finding hearing.

What Factors Are Usually Considered?

After separation, parents should think carefully about:

• where the child will live during the week;
• school drop-offs and collections;
• handovers and transport;
• communication methods between homes;
• consistency of routine;
• birthdays, religious festivals and school holidays;
• medical needs and emergency contacts;
• whether there are any risks that make mediation unsuitable.

If a court case starts, the judge is likely to look at whether each parent has tried to put the child’s needs first and whether each proposal is realistic.

Common Mistakes or Risks

• Waiting until conflict becomes entrenched before seeking advice.
• Assuming informal arrangements will remain workable without clarity.
• Missing MIAM requirements where no exemption applies.
• Filing an application without properly identifying safeguarding concerns.
• Turning adult relationship issues into children issues.
• Failing to comply with directions once proceedings begin.

Case Study from Alstern Solicitors

Background

Following separation, two parents had a loose arrangement for the children, but disagreements about weekends and school collections became frequent.

Challenge

Communication had deteriorated and one parent wanted to issue a court application immediately.

How We Assisted the Client

We reviewed whether non-court resolution remained suitable, identified the immediate child-focused issues and advised on the procedural steps that would apply if court became necessary.

Outcome

The client was able to approach the dispute more strategically, with greater clarity about both negotiation options and the formal court route.

What Happens If You Choose the Wrong or Inexperienced Solicitor?

You may face:

• avoidable court proceedings where earlier resolution was possible;
• missed MIAM or safeguarding issues;
• an application that is poorly prepared from the outset;
• increased emotional strain on the family;
• longer proceedings because the case lacks focus.

How Can Alstern Solicitors Help?

Given the complexity and evolving nature of family law, choosing the right legal adviser is an important decision. Alstern Solicitors is proud to be a trusted law firm regulated by the Solicitors Regulation Authority (SRA) in England and Wales.

We are committed to the highest standards of professionalism, integrity and client care. We provide clear legal advice, transparent fees and practical solutions tailored to each client's circumstances.

Our clients benefit from:

• Strict confidentiality
• Full compliance with UK law
• Transparent fee structures
• Efficient case management
• Professional support throughout the process

We take the time to understand each client's situation and provide practical guidance designed to protect their interests and help them move forward with confidence.