When parents separate or divorce, one of the most important decisions they must make is how their child will be cared for going forward. In England and Wales, the law focuses not on parental rights, but on what is in the best interests of the child.

While terms like custody or access are still commonly used, they are no longer recognised in English law. Instead, courts issue child arrangements orders, which determine who a child lives with and how much time they spend with each parent. If both parents care for the child at different times, this is commonly referred to as shared care.

What is Shared Care?

Shared care means that a child spends substantial time with both parents after separation — though this doesn’t necessarily mean a 50/50 split.

It can include:

• Alternating weeks at each parent’s home

• Weekdays with one parent, weekends with the other

• One parent having more time during term time, and the other during school holidays

There’s no standard formula. The arrangement must be tailored to the child’s needs, parenting capacity, and practical considerations like school, travel, and work schedules.

The Legal Framework: Children Act 1989

All decisions about child arrangements are governed by the Children Act 1989, which states that a child’s welfare is the court’s paramount consideration.

When considering shared care, courts apply a “welfare checklist”, which includes:

• The child’s wishes and feelings (considering their age and maturity)

• Physical, emotional, and educational needs

• The likely impact of any change in circumstances

• The child’s background, age, sex, and any special characteristics

• Risk of harm or past harm

• Each parent’s ability to meet the child’s needs

• The range of available options

When Is Shared Care Appropriate?

Courts are more likely to approve shared care if:

• Both parents offer a safe and stable environment

• Parents live close enough to manage practical arrangements

• There is at least a basic level of communication and cooperation

• The child benefits from frequent, meaningful contact with both parents

However, shared care is not appropriate in every case — especially if there are serious safeguarding concerns or ongoing high conflict.

What the Court Considers

Each family situation is unique, and judges consider several factors:

• Parental cooperation: Courts expect a willingness to make practical arrangements and avoid conflict in front of the child.

• Logistics: Distance between homes, school runs, and working hours all affect feasibility.

• Continuity and routine: Younger children especially need stability.

• Child’s voice: If the child is old enough (typically 10+), their views are considered — often with input from CAFCASS.

Types of Shared Care Arrangements

Common examples include:

• Alternating weeks between both homes

• Split weeks, e.g., Monday–Thursday with one parent, Thursday–Sunday with the other

• Weekday/weekend splits

• School holiday arrangements

Shared care can be flexible and change over time as the child grows or circumstances evolve.

Do You Need a Court Order?

No — not if both parents agree. Many families manage shared care informally through mutual agreement.

But if parents can’t agree, or if there’s a dispute about safety, one or both may apply to the Family Court for a legally binding child arrangements order.

This order sets out:

• Where the child lives

• When and how they see the other parent

• Specific issues like holidays, education, or medical decisions

Courts can also issue specific issue orders (to resolve particular disputes) or prohibited steps orders (to prevent certain actions, such as one parent moving abroad with the child).

The Role of CAFCASS

In more complex or disputed cases, the court may involve CAFCASS (Children and Family Court Advisory and Support Service).

CAFCASS officers:

• Speak to both parents and the child

• Investigate any safeguarding concerns

• Produce a report and recommendations for the court

These reports carry significant weight and help inform the judge’s decision.

Can Shared Care Arrangements Be Changed?

Yes. As children grow older or circumstances change, arrangements may need to be adjusted.

Changes can be made by:

• Mutual agreement between parents

• Applying to the court to vary the order if no agreement is possible

For example, a child entering secondary school may need more stability and less back-and-forth travel than a younger child.

What If Shared Care Isn’t Working?

Not all shared care arrangements succeed. If the child is unhappy, confused, or exposed to parental conflict, the court may revise the arrangement so that the child lives primarily with one parent and spends time with the other.

If a parent fails to comply with a court-ordered arrangement, the other parent can apply for enforcement. Courts may issue warnings, require attendance at parenting programmes, or, in extreme cases, impose penalties.

Summary

Shared care helps children maintain strong relationships with both parents after separation — but only if it’s safe, practical, and in the child’s best interests.

It doesn’t require a perfect 50/50 time split. Instead, it requires cooperation, flexibility, and a commitment to putting the child’s welfare first.

Whether you are trying to agree arrangements informally or need the court’s help, understanding the law and your options is key to creating a stable future for your child.