Family Law

Child Arrangements Solicitors in Chester & North Wales

When a relationship ends, the question of where children live and how much time they spend with each parent becomes the most important decision the family faces.

01244 757 352Family Law Hub

When a relationship ends, the question of where children live and how much time they spend with each parent becomes the most important decision the family faces. Unlike financial matters, which can often wait, children's lives are affected immediately — by school, routines, contact, and the stability that comes from knowing what to expect.

Child arrangements can be agreed between parents, formalised without going to court, or — where agreement is not possible — decided by a family judge. PDA Solicitors advises and represents clients across Chester, Cheshire, and North Wales in all types of family law services, from negotiated parenting plans to fully contested proceedings.

What Is a Child Arrangements Order?

A child arrangements order is a court order that sets out where a child lives and when they spend time with each parent. Since 2014, these orders have replaced what were previously called residence orders and contact orders — though many people still use the older terms “custody” and “access”.

A child arrangements order can cover:

  • Who the child lives with, and in what proportion of time
  • When and how often the child spends time with the other parent
  • Any conditions on contact — for example, that it takes place at a contact centre, or that it is supervised
  • Where the child spends holidays and significant events

Most child arrangements are not set out in a court order at all. Many parents agree arrangements informally, or with the help of solicitors or a mediator, without any court involvement — and this is usually preferable for everyone, particularly the children.

Agreed Arrangements — and Why They Matter

Where both parents can reach agreement on arrangements for the children, there is generally no need for a court order. An agreed parenting plan — covering where the children live, the contact schedule, holidays, and how key decisions about the children will be made — can be drawn up and agreed between solicitors without any court involvement.

Agreed arrangements are not just cheaper and faster. They are generally better for children.

Where parents are able to communicate and co-operate after separation, children adjust better and find the transition easier. Court proceedings, by contrast, can entrench positions, increase conflict, and make co-parenting harder long after the case has concluded.

If direct negotiation is difficult, mediation is worth considering. A trained mediator helps both parties reach decisions about the children in a structured, neutral setting — without the cost and delay of court proceedings. Before making most applications to the family court, parents are required by law to attend a Mediation Information and Assessment Meeting (MIAM) to explore whether the dispute can be resolved without litigation.

Where financial matters also need to be resolved, a consent order makes any financial agreement legally binding — an important step that is often overlooked.

If Agreement Cannot Be Reached

Where parents cannot agree, an application can be made to the Family Court for a child arrangements order. The court's overriding concern is the welfare of the child — not the preferences or convenience of either parent.

In deciding what arrangements are in a child's best interests, the court considers: the child's own wishes and feelings (taking into account their age and understanding); their physical, emotional, and educational needs; the likely effect of any change in circumstances; any risk of harm; and the capability of each parent to meet the child's needs. There is no automatic presumption that children should live primarily with one parent over the other.

In most cases, CAFCASS (the Children and Family Court Advisory and Support Service) is involved — a CAFCASS officer will speak with the child and prepare a report setting out recommendations for the court.

The court process typically involves:

  1. First Hearing Dispute Resolution Appointment (FHDRA). The court tries to narrow the issues, explore whether agreement is still possible, and give initial directions.
  2. Dispute Resolution Appointment (DRA). The court reviews progress, considers the CAFCASS report, and makes further attempts to resolve the matter without a final hearing.
  3. Final Hearing. Where the dispute cannot be resolved, both parties give evidence and a judge makes a final order setting out the arrangements.

Many cases are resolved before a Final Hearing. In urgent or specific circumstances, additional orders are available:

  • Prohibited Steps Order — prevents a parent from taking a specific action (such as removing a child from England and Wales) without the court's permission.
  • Specific Issue Order — resolves a particular dispute: which school the child attends, whether the child can travel abroad, or a disagreement about medical treatment.

Fees for Child Arrangements Work

The cost of child arrangements work depends almost entirely on how much agreement is possible between the parents — and being transparent about this matters, because the difference is significant.

Where both parents can reach agreement — whether through direct negotiation, solicitor correspondence, or mediation — the legal costs are manageable. Drafting and formalising an agreed parenting plan or consent order for children typically costs in the range of £600–£1,200 + VAT, depending on the complexity of the arrangements.

Where the matter proceeds to court, costs increase substantially with each stage. Preparation and attendance through to a First Hearing and Dispute Resolution Appointment typically involves legal costs of £2,000–£4,000 + VAT. Cases that reach a Final Hearing can cost considerably more — sometimes significantly so, depending on the length and complexity of the hearing.

The honest advice is this: if there is any realistic prospect of reaching agreement, it is almost always worth pursuing — not just for the cost saving, but because children do better when their parents can co-operate, and because contested proceedings make that harder. Early legal advice, before positions become fixed, often prevents a dispute from escalating to the point where court proceedings become unavoidable.

Martin Dias offers a free 30-minute initial consultation to discuss your situation and give you an honest assessment of your options. If you have assets but limited immediate funds, a Sears Tooth agreement may be available. We also offer payment by instalment for clients who prefer to spread the cost.

Funding Your Legal Fees

Own a property? You may not need savings to fund your case.

If you jointly own the matrimonial home, a Sears Tooth agreement allows us to secure our fees against your share of the property — meaning no upfront payment is required. Fees are deducted when the property is sold or transferred. This option is particularly suited to non-working spouses or those with limited income.

Explore all funding options

We do not accept legal aid cases. PDA Law is a private client practice. All family law matters are funded privately — through direct fees, payment plans, or a Sears Tooth agreement where applicable.

Martin Dias, Family Law Executive with almost 30 years experience at PDA Law

Your Family Law Specialist

Martin Dias

Family Law Executive

Divorce · Financial Settlements · Children MattersAlmost 30 Years' ExperienceFinancial Remedy & Pension Sharing Specialist

Martin brings almost 30 years of specialist family law experience to every case — divorce, separation, financial settlements and child arrangements. Clients value his straight-talking honesty, patience, and genuine emotional support throughout what is often a very difficult time.

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Child Arrangements — Frequently Asked Questions

What is the difference between a child arrangements order and a custody order?
“Custody” is an older legal term — since 2014, family courts in England and Wales use “child arrangements orders” instead. A child arrangements order sets out who a child lives with and how much time they spend with each parent. The change reflects a shift in how the law approaches these matters: rather than one parent winning custody, the focus is on arrangements that serve the child's welfare. If you have been told you need a “custody order”, this is what is meant.
Do we have to go to court to sort out child arrangements?
No — the majority of child arrangements are agreed between parents without any court involvement. You can formalise arrangements through a parenting plan drafted by solicitors, or reach an agreement directly and record it in writing. Court proceedings are a last resort when agreement cannot be reached. Before making an application to the family court, you are generally required by law to attend a Mediation Information and Assessment Meeting (MIAM) to explore whether the dispute can be resolved without litigation — unless an exemption applies, such as where there has been domestic abuse or where the matter is urgent.
What does a court consider when deciding where children live?
The court's overriding concern is the welfare of the child. It considers the child's own wishes and feelings (taking into account their age and understanding), their physical, emotional, and educational needs, the likely effect of any change in circumstances, any risk of harm, and the capability of each parent to meet the child's needs. There is no automatic presumption that children should live primarily with one parent over the other — the arrangements that best serve the child's welfare are what matters.
How long do child arrangements proceedings take?
An agreed arrangement can be reached in a matter of weeks. Court proceedings take significantly longer. From the initial application to a First Hearing typically takes four to eight weeks. Cases that proceed to a Final Hearing can take twelve to eighteen months or more from start to finish, depending on court availability, CAFCASS timescales, and the complexity of the dispute. Resolving matters without going to court, where possible, is almost always faster — and better for the children involved.
Can children choose which parent they live with?
Children's wishes are taken into account, but they do not have an automatic right to choose. The weight given to a child's views depends on their age and maturity — in practice, the views of older children and teenagers carry significant weight, and a court will be cautious about making an order that a teenager is determined to resist. That said, the court's decision is always based on the child's welfare overall, not their preference alone. A child's stated preference can sometimes be influenced by the attitudes of one parent, which the court will also consider.
What can I do if my ex isn't following the child arrangements order?
A child arrangements order is a court order — breaching it without reasonable excuse is a contempt of court. If your former partner is not complying with an existing order, you can apply to the court for enforcement. The court has a range of powers, including requiring the non-compliant party to undertake unpaid work, pay a financial penalty, or — in serious cases — face committal for contempt. Before making an enforcement application, it is worth taking legal advice on the most effective approach for your specific circumstances.

Put Your Children's Arrangements on the Right Footing

Whether you are trying to reach an agreement with your former partner or facing a contested hearing, the most important thing is to get clear advice early. The earlier you understand your position, the more options remain open to you.

Call 01244 757 352Use our contact form

Martin Dias offers a free 30-minute initial consultation — use it to understand your options before making any decisions.