This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Explains shared care and contact schedules in England and Wales: what legal arrangements are possible under child arrangements orders, how courts decide patterns of time with parents, what factors are considered, practical options for parents, and common questions about shared care and contact.
When parents separate or divorce, a central concern is how children will spend time with each parent and how care will be shared between them. In English and Welsh family law these questions are resolved through child arrangements orders under Section 8 of the Children Act 1989, which set out where a child lives and how they spend time with each parent or other significant adults.
This article explains how shared care and contact schedules work in law, what options parents have, how courts consider these issues, and the practical steps families might take when negotiating or disputing arrangements. It is written to be accessible to solicitors, students, and members of the public without prior legal knowledge.
What Are Shared Care and Contact Schedules?
In legal terms, the concept of shared care refers to arrangements in which a child spends significant time living with both parents. There is no specific statutory definition of “shared care”, and a court is not required to order equal time. Rather, the court decides what pattern of time is appropriate to meet the child's welfare needs.
A contact schedule describes the agreed or ordered routine for time that a child spends with the non‑resident parent or other family members when the child does not live with them. Contact can be direct (in person) or indirect (for example, telephone or video calls), and may be supervised or unsupervised depending on circumstances.
Legal Framework: Child Arrangements Orders
Child arrangements orders are the primary legal mechanism for establishing shared care and contact schedules. These orders replaced former residence and contact orders and allow the court to specify:
- With whom the child lives.
- When a child spends time with – or otherwise has contact with – another person.
The court's authority to make such orders is grounded in Section 8 of the Children Act 1989, with the child's welfare remaining its paramount consideration.
Making Arrangements Without Court
Most family law guidance encourages parents to reach practical agreements on shared care and contact schedules without court intervention where possible. This can involve informal discussions, written parenting plans, or structured tools such as Our Child's Plan provided by Cafcass, which help describe how care and contact should operate in practice.
Parenting plans are not legally binding but can clarify expectations, reduce conflict, and support later applications to court if needed. Good communication and early planning of routines and logistics often result in more stable and workable arrangements.
Shared Care in Practice
Patterns of Shared Care
While there is no legal presumption of equal time, the term shared care is often used to describe arrangements where children spend a significant amount of time with both parents. Examples include:
- Alternating weeks (e.g. a week with each parent).
- Split weeks (e.g. child stays Monday–Thursday with one parent and Thursday–Sunday with the other).
- Seasonal or holiday patterns that allocate substantial periods with each parent.
The exact schedule will depend on family circumstances, including parents' work patterns, distance between homes, school routines, and the child's age and needs.
Contact Schedules
Contact schedules are adjustable and may include daily contact by phone or video, regular overnight stays, weekend visits, and longer periods during school holidays. Parents sometimes agree this directly, or the court can detail specific routines in a child arrangements order.
Supervised or supported contact may be ordered where safety concerns arise, often detailed in the order to minimise risk to the child.
Court's Approach to Shared Care and Contact
Welfare Checklist
When parents cannot agree and ask a court to make an order, decision‑makers assess the arrangements against the welfare checklist in Section 1(3) of the Children Act 1989. This includes:
- The child's wishes and feelings in light of their age and understanding.
- The child's physical, emotional and educational needs.
- The likely impact of any changes in circumstances.
- Any harm the child has suffered or is at risk of suffering.
- The capability of each parent to meet the child's needs.
The court applies these factors flexibly, tailoring orders to the child's individual needs.
Shared Care Presumption Myth
While legal commentators often reference a “presumption” that involvement with both parents benefits the child, current law does not require equal time as a starting point. Rather, the decision focuses on what arrangement will best promote the child's welfare as shown by the statutory checklist.
Practical Considerations
When deciding schedules, judges consider practicality and stability. Frequent changes that disrupt schooling or routine may be unfavourable. Conversely, meaningful and consistent contact that strengthens relationships with both parents may be deemed beneficial.
Practical Steps for Parents
Negotiating Arrangements
Parents are encouraged to discuss shared care and contact early. Drafting written plans or using structured tools like Our Child's Plan can help clarify expectations and ease later discussions or court applications.
Mediation
Before applying to court, most separating parents must attend a Mediation Information and Assessment Meeting (MIAM) to explore resolution without litigation. This requirement can be waived in certain circumstances, such as where domestic abuse has occurred.
Court Application
If private agreement is not achievable, either parent can apply for a child arrangements order using Form C100. The court will consider evidence and make orders based on the child's welfare.
Changing Schedules as Children Grow
Shared care and contact schedules are not static. As children grow and their needs develop, parents may need to review arrangements. Good co‑parenting practice involves regular communication and flexibility to adjust plans in response to schooling, friendships, health needs, or the child's expressed views.
Common Questions
Is 50/50 shared care automatically awarded?
No. There is no legal rule that a child must spend exactly equal time with both parents. The court only orders shared care if it is in the child's best interests and practical given the family's circumstances.
Can grandparents or other relatives be part of schedules?
Yes. The court can include other people in contact arrangements if it is beneficial for the child and appropriate applications are made.
Does shared care affect child maintenance?
Significant time spent with a parent, such as overnight stays, can be relevant in child maintenance calculations, although child maintenance rules are separate from family court decisions.
Key Takeaways
Shared care and contact schedules are key components of post‑separation parenting arrangements in England and Wales. These arrangements are governed by child arrangements orders under the Children Act 1989, which specify where a child lives and how they spend time with parents and other significant people. Courts focus on the child's welfare and use the statutory welfare checklist to decide on appropriate shared care patterns or contact schedules when parents cannot agree. Practical agreements reached through communication, parenting plans, or mediation can reduce conflict and lay the foundation for effective co‑parenting as children grow and their needs change.
