A Complete Guide for Parents After Separation
Child arrangements are one of the most difficult parts of separation or divorce. The terms used in family law have changed over time, and many parents are still unsure about the difference between custody, contact, parental responsibility and child arrangement orders. In 2025, the courts in England and Wales continue to use a child-focused approach. The goal is always to ensure a child’s welfare, stability and safety. This guide explains how decisions are made, what rights each parent has and what happens if parents cannot agree.
What Parental Responsibility Means in 2025
Parental responsibility is the legal authority to make decisions about a child’s upbringing. It covers the important areas of a child’s life, including medical treatment, education, religion, day-to-day welfare, name changes, travel abroad and consents required by schools or doctors. A child can have more than one person with parental responsibility at the same time.
Who Automatically Has Parental Responsibility?
The mother always has parental responsibility from birth. A father has it if he was married to the mother at the time of birth or if he is named on the birth certificate (for births registered after 1 December 2003). If the father does not automatically have it, he can obtain parental responsibility through a parental responsibility agreement or a court order. Step-parents and civil partners can also apply if they support the child’s upbringing.
What Parental Responsibility Does Not Mean
It does not guarantee equal time with the child. It does not allow a parent to control every small decision. It does not give a parent the right to block contact unless there are safeguarding concerns.
What “Child Custody” Means Today
The term custody is no longer used in law. Since 2014, the courts issue a child arrangement order instead. This sets out where the child lives, how often they spend time with each parent and how contact is managed. Some parents have shared care, where the child lives with both parents. Shared care does not need to be a 50/50 split; it simply means both parents play an ongoing part in raising their child.
Living Arrangements the Court May Order
Lives with one parent and spends time with the other.
Lives with both parents under shared care.
Supervised contact if there are safeguarding risks.
Indirect contact through letters, calls or video calls.
What the Court Considers When Deciding Child Arrangements
Family judges use the welfare checklist in the Children Act 1989. In 2025, this remains the key test for all decisions. The court looks at the child’s physical, emotional and educational needs, the likely effect of any change in circumstances, the child’s wishes and feelings (depending on age), each parent’s ability to meet the child’s needs, any risk of harm, the capability of both parents and the importance of stability and routine. Cafcass may speak to both parents and the child before recommending what is best.
Can Parents Decide Arrangements Without Going to Court?
Yes. Most parents agree arrangements without involving the court. Options include reaching an agreement between themselves, mediation, solicitor-assisted negotiation or using a parenting plan. Mediation continues to be encouraged in 2025, and the court expects parents to attempt it unless there is a clear risk of harm.
When a Court Application Becomes Necessary
A court application may be needed if parents cannot agree, if contact is being prevented, if there are allegations of abuse, if one parent plans to relocate or if important decisions cannot be resolved. In these cases, a parent can apply for a child arrangement order or a specific issue order.
Parental Responsibility and Everyday Decisions
Parents should consult each other about significant decisions. Minor day-to-day choices do not usually require agreement. This includes what the child eats, daily routines, activities and homework. Major decisions such as changing a school, major medical treatment, moving to another city, changing a surname or applying for a passport must be shared. If parents cannot agree, the court can decide.
What Happens if a Parent Wants to Move Away?
Relocation cases are becoming more common. The court will consider how the move affects the child’s stability, the loss of contact with the other parent, schooling, the parent’s reasons for relocating and the proposed arrangements for contact. A parent cannot relocate a child abroad or far within the UK without consent or a court order.
Domestic Abuse and Child Arrangements
If there are allegations of domestic abuse, the court may order fact-finding hearings, safeguarding checks, supervised contact or pauses in face-to-face contact. The priority is always the child’s safety.
Child Arrangement Orders in 2025: How Long They Last
Child arrangement orders usually last until the child turns 16, but they may last until 18 in complex cases.
How Hi Solicitors Helps Parents
We assist with negotiations, mediation, court applications, relocation cases and disputes involving safeguarding or parental responsibility.
Frequently Asked Questions
Do I need to go to court to get parental responsibility? Only if an agreement with the other parent is not possible.
Does parental responsibility mean equal time? No. It relates to decision-making, not the living schedule.
Can a parent stop contact? Only if there are serious safeguarding concerns.
Does shared care mean 50/50? No. Shared care simply means both parents remain actively involved.
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