When a relationship breaks down, the question of where children will live and how they will spend time with each parent is usually the most emotionally charged aspect of any separation. It is also one of the most legally significant.
In October 2025, the UK Government announced a landmark shift in family law that fundamentally changes how courts approach child arrangements particularly in cases involving domestic abuse or risk of harm. If you are navigating a separation involving children, speaking to a specialist family lawyer in Mayfair is the most important step you can take.
What Is a Child Arrangements Order?
A Child Arrangements Order (CAO) is a court order that sets out where a child is to live, how much time they spend with each parent, and any other arrangements for their care. These orders replaced what were previously known as residence and contact orders.
CAOs can be agreed between parents without going to court and this is always the preferable outcome where it is safe and practical to do so. Where agreement is not possible, either parent may apply to the Family Court for an order. The court will then make decisions based on what is in the best interests of the child, following the welfare checklist set out in the Children Act 1989.
The October 2025 Reform: What Has Changed?
On 21 October 2025, the Government confirmed that it would repeal the legal presumption of parental involvement from the Children Act 1989. This is one of the most significant changes to children law in England and Wales in recent years.
Previously, the law contained a presumption that it was in a child’s best interests to have involvement from both parents, unless that involvement would put the child at risk of harm. Critics argued that this presumption was being applied too rigidly in cases involving domestic abuse, forcing contact arrangements that placed children and the non-abusive parent in danger.
Under the reformed framework:
- Courts are no longer bound to assume that contact with both parents is automatically beneficial
- If contact creates a risk of harm to the child, it can be denied
- Judges must consider all forms of abuse physical, emotional, psychological and how they affect the child, even where the child was not the direct target of that abuse
- The child’s welfare remains the court’s paramount concern the welfare paramountcy principle is unchanged
This reform represents a major cultural shift in how the family justice system approaches the needs of vulnerable children. For anyone in a situation involving domestic abuse, this change is of critical importance.
The Pathfinder Model Expanding Across England and Wales
2026 is expected to see a wider rollout of the Pathfinder model a specialist approach to family proceedings that involves earlier, more holistic assessment of risk, with input from safeguarding professionals, social workers, and the police from the very beginning of the proceedings.
The Pathfinder model is designed to address cases involving domestic abuse more effectively, reducing delays, avoiding unnecessary cross-examination, and placing children’s lived experience at the heart of decision-making. Wider rollout is expected to cover up to half of all courts in England and Wales. A family lawyer in Mayfair will advise on whether your case is likely to fall within the Pathfinder framework and how to navigate it.
What the Court Considers
When making any decision about a child, the Family Court applies the welfare checklist under the Children Act 1989. This requires the court to consider:
- The wishes and feelings of the child (given their age and understanding)
- The child’s physical, emotional, and educational needs
- The likely effect of any change in circumstances
- The child’s age, sex, background, and any relevant characteristics
- Any harm the child has suffered or is at risk of suffering
- The capability of each parent to meet the child’s needs
- The range of powers available to the court
A family lawyer will advise you on how these factors apply to your case and how best to present evidence in a way that reflects your child’s best interests.
When Mediation Is Required
Before applying to the Family Court for a child arrangements order, most applicants are required to attend a Mediation Information and Assessment Meeting (MIAM). This is a meeting with an accredited mediator to consider whether mediation or another form of non-court dispute resolution might help resolve the dispute without court proceedings.
There are exemptions including in cases where domestic abuse has occurred. A family lawyer in Mayfair will confirm whether an exemption applies to your situation and what the MIAM process involves if it is required.
International Child Arrangements
For families in Mayfair with connections to more than one country, child arrangement disputes can take on an additional layer of complexity. International parental child abduction, relocation applications (where one parent wishes to move abroad with a child), and enforcement of foreign court orders are all specialist areas of family law.
If your case has an international dimension, it is essential to instruct a family solicitor with cross-border experience and access to international family law specialists.
Get Child Arrangements Advice From a Family Lawyer in Mayfair
Our family law team understands that nothing matters more than your children’s wellbeing. We will guide you through the process clearly, compassionately, and professionally.
Complete the form below and a specialist will be in touch within 24 hours.