Is a child arrangement agreement legally binding?

A private agreement between parents is not legally binding in the UK. However, you can ask the UK family court to make it into a consent order under Section 8 of the Children Act 1989, which is then enforceable.

What if one parent does not follow the agreement?

In the United Kingdom, if you have a private agreement you would need to apply to the court for a Child Arrangements Order. If a court order is already in place, breach can lead to enforcement action including fines or variation of the order.

Can I change the agreement later?

Yes. As UK children grow and circumstances change, the agreement can be reviewed and updated by mutual consent in England and Wales. If British parents cannot agree on changes, either can apply to the court for a new or varied order.

Does this template replace a court order?

No. This template creates a written record of your private agreement. For a legally enforceable arrangement, you would need to apply to the family court for a consent order or a Child Arrangements Order.

Do both parents need to sign the agreement?

Yes. Both parents should sign the agreement to confirm they understand and accept the terms. While not legally binding without a court order, signing demonstrates mutual commitment to the arrangements.

What age does a child arrangement agreement cover?

Child arrangement agreements and court orders generally apply until the child reaches 16, or 18 in exceptional circumstances. As children mature, their own wishes and feelings carry increasing weight.

Can grandparents be included in the agreement?

Yes. Parents can include provisions for the child spending time with grandparents and other family members. If a grandparent is refused contact, they may apply to the court for leave to seek a Child Arrangements Order.

Do I need a solicitor to create this agreement?

Our template provides a solid starting point for straightforward British arrangements. For complex situations involving domestic abuse, relocation or disputes over schooling, it is advisable to consult a UK family law solicitor. Resolution, the UK family law association, provides a directory of solicitors across England and Wales who specialise in child arrangements.

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Free Child Arrangement Agreement Template

A child arrangement agreement sets out where a child will live, when they will spend time with each parent and how key decisions about their upbringing will be made. Use our free UK template to create a clear, child-focused agreement that works for your family under English law.

Create Your Child Arrangement Agreement

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CHILD ARRANGEMENT AGREEMENT

Children Act 1989 · Children And Families Act 2014 · England And Wales

PARENT 1

Daniel Cooper

42 Maple Drive, Reading, RG1 5QT · 07700 900123

PARENT 2

Sarah Cooper

18 Oak Lane, Reading, RG2 7PL · 07700 900456

Child: Emily Cooper (born 5 June 2018)

14 March 2026 · England and Wales

This Child Arrangement Agreement (this "Agreement") is made on 14 March 2026 between Daniel Cooper ("Parent 1") and Sarah Cooper ("Parent 2"), together "the parties". The parties have agreed the arrangements set out below for the child(ren) named herein, in the best interests of the child(ren). This Agreement uses the modern terminology of the Children Act 1989 ("lives with" / "spends time with") as introduced by section 12 of the Children and Families Act 2014. This Agreement is not a court order under section 8 of the Children Act 1989; it is a voluntary written record of the parties' intentions. The parties may, if they wish, apply for a consent order approving these terms (Form C100) so that the arrangements are made binding by the Family Court.

WELFARE AS PARAMOUNT CONSIDERATION

The parties agree that the welfare of the child(ren) is the paramount consideration in any matter arising under this Agreement (Children Act 1989 s.1(1)). The parties undertake to have regard, in making decisions under this Agreement, to the welfare checklist in s.1(3) of the Act, namely: (a) the ascertainable wishes and feelings of the child(ren) considered in light of age and understanding; (b) their physical, emotional and educational needs; (c) the likely effect on the child(ren) of any change of circumstances; (d) their age, sex, background and relevant characteristics; (e) any harm suffered or at risk of being suffered; (f) the capability of each parent in meeting the child(ren)'s needs; and (g) the range of powers available to the court. The parties accept the statutory presumption in s.1(2A) that continued involvement of each parent in the child(ren)'s life will further their welfare unless the contrary is shown.

THE CHILD / CHILDREN

This Agreement concerns Emily Cooper, date of birth: 5 June 2018.

PARENTAL RESPONSIBILITY

Both parents share parental responsibility for the child(ren) under section 3 of the Children Act 1989. Neither parent may exercise parental responsibility in a manner incompatible with a court order, and both must consult the other on important decisions affecting the child (medical treatment beyond routine care, education, religious upbringing and change of name).

LIVING ARRANGEMENTS AND CONTACT

The child(ren) shall live primarily with Parent 1. The detailed contact schedule is as follows:

Emily lives with Parent 1 (Daniel Cooper) Monday to Friday during term time. Emily spends time with Parent 2 (Sarah Cooper) every other weekend from Saturday 10:00 to Sunday 18:00 and every Wednesday evening from 17:00 to 20:00.

Handover: Handover takes place at Emily's school on school days. During holidays, handover is at Parent 1's address with a 15-minute courtesy window either side of the agreed time.

This provision adopts the "lives with" / "spends time with" nomenclature introduced by section 12 of the Children and Families Act 2014 in place of the former "residence" and "contact" language.

SCHOOL HOLIDAYS, SPECIAL OCCASIONS AND COMMUNICATION

School holidays: School holidays are divided equally. Summer holidays: first half with Parent 1, second half with Parent 2, alternating annually. Easter and half-term holidays alternate each year.

Christmas: Christmas Eve and Christmas Day with Parent 1 in odd-numbered years, with Parent 2 in even-numbered years. Boxing Day reverses each year. Both parents to attend the school nativity where possible.

Birthdays and special occasions: Emily's birthday: spent with Parent 1 in odd years and Parent 2 in even years. Both parents are encouraged to attend school plays, sports days and parents' evenings.

Notice for holidays abroad: Either party wishing to take the child(ren) abroad shall give the other party at least four (4) weeks' advance written notice, with travel itinerary, accommodation, flights and emergency contacts.

Communication with the other parent: Each parent shall allow Emily to have daily phone or video contact with the other parent at an agreed time, normally between 19:00 and 20:00. Parents shall communicate about Emily via a shared messaging thread or a co-parenting app such as OurFamilyWizard.

TRAVEL ABROAD AND REMOVAL FROM THE JURISDICTION

A parent with a "lives with" provision in this Agreement may take the child out of the United Kingdom for a period of up to one month without the other parent's consent (Children Act 1989 s.13(2)), provided that the other parent is informed in advance in accordance with the notice period in this Agreement. Any longer period requires the written consent of every other person with parental responsibility or the leave of the court. Removal without required consent may constitute an offence under section 1 of the Child Abduction Act 1984 and engage the Hague Convention 1980.

SCHOOLING AND HEALTHCARE

Schooling: Emily currently attends Maple Junior School. Neither parent shall move Emily to a different school without the other's written consent. Both parents shall receive copies of all school reports and be invited to all parent meetings.

Healthcare: Emily's GP is Dr. R. Shah at Reading Medical Practice. Routine healthcare and emergency treatment can be consented to by the parent with whom Emily is at the time. Non-routine treatment (surgery, non-routine vaccinations, mental-health interventions) requires discussion between both parents in advance.

CHANGE OF CHILD'S NAME

The child's surname shall not be changed save with the written consent of both parents (or all persons with parental responsibility) or by order of the court. This reflects the restriction in section 13(1) of the Children Act 1989 where a "lives with" order is in force.

FINANCIAL ARRANGEMENTS

The parties have agreed a private (family-based) child maintenance arrangement: Parent 2 shall pay to Parent 1 the sum of 450.00 GBP per calendar month by standing order, commencing on the date of this Agreement. The amount is calculated by reference to (and shall be kept under review against) the formula in the Child Support Maintenance Calculation Regulations 2012 (SI 2012/2677). Either party retains the right to apply to the Child Maintenance Service at any time under the Child Support Act 1991.

Extra expenses: All extra expenses relating to the child(ren) (including school fees, school trips, uniforms and equipment, medical and dental costs not covered by the NHS, extracurricular activities, tutoring) shall be divided equally (50/50) between the parties.

10.

DISPUTE RESOLUTION

The parties agree first to refer any dispute arising under this Agreement to family mediation. Before issuing most private-law applications concerning children, an applicant must attend a Mediation Information and Assessment Meeting (MIAM) under section 10 of the Children and Families Act 2014 and FPR 2010 PD 3A, save where a MIAM exemption applies (domestic abuse evidence, urgency, previous MIAM attendance).

11.

MIAM / PREFERRED MEDIATOR

Preferred mediator: Reading Family Mediation Service. The parties agree to attend a MIAM within 21 days of any unresolved dispute.

Authorised mediators are listed at www.familymediationcouncil.org.uk. MIAM exemptions are set out in FPR 2010 PD 3A.

12.

REVIEW OF AGREEMENT

The parties shall review this Agreement annually, or sooner on any significant change of circumstances.

13.

CONSENT ORDER

This Agreement is a voluntary arrangement only and is not intended to be filed with the Family Court. The parties may, by mutual consent, apply for a consent order at a later date.

14.

ADDITIONAL CONDITIONS

Both parents agree to refrain from introducing new partners to Emily during overnight stays until the relationship has lasted at least six months, and always with the knowledge of the other parent.

15.

GOVERNING LAW AND STATUS

This Agreement shall be read in accordance with the law of England and Wales. Nothing in this Agreement prevents either parent from making an application to the Family Court for a child arrangements order under section 8 of the Children Act 1989 or from seeking the assistance of Cafcass (or CAFCASS Cymru). No term of this Agreement shall be construed as surrendering or varying parental responsibility held under section 3 of the Children Act 1989.

16.

GENERAL PROVISIONS

The welfare of the child(ren) is the paramount consideration. Both parties agree to act in a cooperative and child-focused manner and to avoid exposing the child(ren) to any conflict between them (Protection from Harassment Act 1997 principles apply). This Agreement may be amended at any time by mutual written consent. It is not a court order and is not of itself legally binding, but reflects the intentions and commitments of both parties and may be exhibited in family proceedings as evidence of those intentions.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.

PARENT 1

Daniel Cooper

Date: ____________________

PARENT 2

Sarah Cooper

Date: ____________________

What Is a Child Arrangement Agreement?

A child arrangement agreement is a written document that records the arrangements parents have agreed for their children following separation or divorce. It covers where the child will live, the time they spend with each parent and how parental responsibilities are shared.

Under the Children Act 1989, the welfare of the child is the paramount consideration in all decisions about their upbringing. A well-drafted agreement helps both parents focus on what is best for the child and reduces the risk of future disputes.

While a private agreement is not enforceable as a court order in the United Kingdom, it provides a clear record of what both parties have agreed. If circumstances change, either parent can apply to the UK family court for a Child Arrangements Order under Section 8 of the Children Act 1989. English courts prioritise the child's welfare above all else.

What's Covered in This Template

Our child arrangement agreement template addresses all key aspects of co-parenting after separation.

Living Arrangements

Specifies which parent the child will live with as their primary residence and any shared care arrangements.

Contact Schedule

Sets out the regular pattern for the child spending time with the non-resident parent, including weekdays and weekends.

Holiday and Special Occasions

Details how school holidays, Christmas, Easter, birthdays and other significant dates are divided between parents.

Handover Arrangements

Covers the practical details of collection and drop-off times, locations and any third-party involvement.

Communication Between Parents

Establishes how parents will communicate about the child, including preferred methods and response expectations.

Education Decisions

Outlines how decisions about schooling, tutoring and educational activities will be made jointly or individually.

Medical and Health Matters

Addresses consent to medical treatment, sharing health information and attending appointments.

Religious and Cultural Upbringing

Records any agreements about the child’s religious observance and cultural activities.

Travel and Holidays Abroad

Covers consent for international travel, passport arrangements and notification requirements.

Dispute Resolution

Includes a mechanism for resolving disagreements, such as mediation, before resorting to court proceedings.

How to Create a Child Arrangement Agreement

Follow these steps to build a comprehensive agreement that puts your child first.

1
Enter Parent and Child Details
Provide the full names, dates of birth and addresses of both parents and each child covered by the agreement.
2
Set Living Arrangements
Specify where the child will live primarily and detail any shared residence arrangements between the parents.
3
Define Contact Schedule
Establish the regular weekly pattern, holiday arrangements and how special occasions will be shared.
4
Agree on Key Decisions
Record how major decisions about education, health, religion and travel will be made and communicated.
5
Review and Sign
Both parents should review the completed agreement carefully, sign it and keep a copy each for their records.

Legal Considerations

Understanding the legal framework helps you create an agreement that is practical and well-informed.

This template is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor for advice specific to your situation.

Reviewed for England & Wales law

Welfare Principle

The Children Act 1989 requires that the welfare of the child is the UK court’s paramount consideration. When drafting your agreement under English law, both parents should prioritise the child’s emotional, physical and educational needs above their own preferences.

Enforceability

A private child arrangement agreement is not directly enforceable through the British courts. To make the terms legally binding, either parent can apply for a consent order under Section 8 of the Children Act 1989. The UK family court will approve the order if it is satisfied the arrangements serve the child’s welfare.

Parental Responsibility

Under United Kingdom law, both parents with parental responsibility have equal rights to make decisions about their child’s upbringing. Mothers automatically have parental responsibility. Fathers acquire it if married to the mother, named on the birth certificate (for births registered after 1 December 2003), or by formal agreement or UK court order.

Mediation Requirement

Before making an application to a UK court regarding child arrangements, parents are generally required to attend a Mediation Information and Assessment Meeting (MIAM) under the Family Procedure Rules 2010. Mediation can help British parents reach agreement without the stress and cost of court proceedings.

Frequently Asked Questions

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