The latest trends in child arrangements and drawing on recent developments are as follows:-
Legal Landscape Update
Shift towards shared parenting and 50/50 arrangements
- Whilst historically uncommon, shared residence orders where children alternate living with each parent are gradually becoming more accepted. Though estimated at just 7% or less of separated families, this reflects growing evidence that shared care benefits children’s wellbeing.
- Judges are increasingly inclined to consider nearly equal arrangements where families operate in low conflict settings, both parents are actively involved and ideally with the children’s preference supporting it.
Role of Children’s wishes and CAFCASS input
- As children get older, their views are given weight under the Children Act. Courts consider CAFCASS reports and broader evidence of family dynamics when making child arrangements decisions.
- The child’s welfare remains paramount: providing that emotional or safety concerns can override preference for shared care.
Practical realities and flexible scheduling for parents
- 50/50 care is often shaped by practical factors like work schedules, school logistics and consistency for the child. The Courts favours routines that offer clarity and minimise disruption.
- Individual changes in circumstances such as fathers returning to office-based schedules, after a period of working from home, demonstrate the need for arrangements to adapt over time, with mediation recommended before Court applications, if conflicts arise.
Mediation and Dispute Resolution first
- Non-Court Dispute Resolution (NCDR) is now embedded in Family procedure. Parents must engage in mediation and collaborative routes before resorting to Court, or risk adverse costs orders.
- Legal Aid is very restrictive in Private Law cases – although free mediation vouches (up to £500) remain available to reduce reliance on costly Court proceedings.
Court resources and delays
- Family Courts remain significantly backlogged: Private Law cases may take up to a year or more depending on complexity. Listing child arrangement hearings can be delayed substantially.
- This delay re-enforces the Court’s encouragement of early Dispute Resolution methods to lessen strain and emotional tolls.
What this means for parents and their legal advisers
Separated Families
- Should proactively seek mediation first, Court’s expect serious engagement before litigation.
Shared care requests
- Should be backed up by practical plans, providing stability, and, where possible demonstrable child support.
Court flexibility
- Means arrangements can be revisited and varied as life circumstances change.
Clear paperwork
- (E.g. Including shared care in an application for a child arrangements order) and defining the expected responsibilities, obligations of each parent including any childcare costs, for the purposes of the proposed care arrangements.
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