27 Jul 2026
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When parents separate, one of the biggest concerns is often where their children will live and how they will continue to spend time with each parent.
You may have heard people refer to a "shared care order", but today, these arrangements are made through a Child Arrangements Order, which sets out where a child lives and when they spend time with each parent or another important person in their life.
In this article, we'll explain how Child Arrangements Orders work, what shared care arrangements involve, and how the courts decide what is in a child's best interests.
A Child Arrangements Order (CAO) is a court order made under the Children Act 1989. It determines:
Where appropriate, the order can state that a child lives with both parents, creating what is commonly known as a shared care arrangement.
A shared care arrangement is one where both parents play an active role in the day-to-day care of their child.
This doesn't necessarily mean that time is divided equally. Instead, it recognises that a child may live with both parents under arrangements that best meet their individual needs.
For some families, this may involve a 50/50 pattern of care. For others, the child may spend more time living with one parent while continuing to have regular and meaningful time with the other.
The most appropriate arrangement will depend on the family's individual circumstances.
Not necessarily. One of the most common misconceptions is that a shared care arrangement automatically means a child spends exactly half of their time with each parent.
The courts do not begin with the idea that time should always be split equally. Instead, every decision is based on what is in the child's best interests.
For some children, equal time works well. For others, factors such as school, age, medical needs, extracurricular activities, or the distance between each parent's home may mean a different arrangement is more suitable.
The focus is always on what works best for the child and not what feels fairest for the adults.
If parents cannot agree arrangements themselves, the court will make its decision using the welfare principle set out in the Children Act 1989. This means the child's welfare is the court's paramount consideration.
When deciding whether to make a Child Arrangements Order, the court will consider a number of factors, including:
Every family is different, and no single arrangement is considered the ‘default’ option.
Yes, and many do. Where possible, parents are encouraged to reach an agreement together without court proceedings.
Agreeing arrangements outside court can often:
A solicitor can help parents negotiate practical arrangements and ensure everyone clearly understands what has been agreed.
In some cases, parents may choose to have their agreement formalised through a court order, particularly where greater certainty is needed.
Before applying to the family court, most parents are expected to attend a Mediation Information and Assessment Meeting (MIAM).
The purpose of mediation is to explore whether arrangements can be agreed without court proceedings. There are exceptions, including cases involving domestic abuse, child protection concerns or other urgent circumstances.
Even where mediation is not successful, it often helps parents narrow the issues that need to be resolved.
Not always. Shared care arrangements work best where parents are able to communicate effectively, cooperate and focus on their child's needs.
The court will consider factors such as:
In some situations, a child living primarily with one parent while spending regular time with the other may be the arrangement that best supports their welfare. There is no one-size-fits-all solution.
Yes. Children's needs naturally change as they grow older.
Parents can agree to vary arrangements themselves, or if agreement cannot be reached, either parent can apply to the court to vary an existing Child Arrangements Order.
The court will again consider whether the proposed changes are in the child's best interests.
These two concepts are often confused.
A Child Arrangements Order sets out where a child lives and how they spend time with each parent.
Parental responsibility relates to the legal rights and responsibilities involved in making important decisions about a child's upbringing, such as education, healthcare, and religion.
Many parents already have parental responsibility regardless of whether a Child Arrangements Order is in place. Understanding the distinction can help parents make informed decisions after separation.
Not every disagreement requires court proceedings. However, legal advice can be particularly valuable if:
Obtaining advice early can often help resolve issues before they become more complex and stressful.
At Hegarty, we understand that discussions about your children can be emotionally challenging.
A Child Arrangements Order is about much more than deciding where a child lives. It provides a legal framework that supports stability, consistency, and the ongoing involvement of both parents wherever this is in the child's best interests.
Our experienced Family Law team provide clear, practical advice to help parents understand their options and reach arrangements that place their child's welfare at the centre of every decision.
Where possible, we encourage constructive solutions through negotiation and mediation. Where court proceedings are necessary, we'll guide you through the process with clear advice and dedicated support.
Whether you're considering shared care arrangements, need advice about your legal position or are finding it difficult to agree arrangements following separation, obtaining specialist legal advice can help you move forward with confidence.
Whatever legal support you need, our experienced and highly skilled solicitors and legal advisors are here to help. With expertise across a wide range of legal areas, we provide clear, practical advice tailored to you. What sets us apart is our commitment to understanding your needs and delivering the best possible outcome with a personal touch.
