Shared Care and Contact Schedules in Divorce Cases

When parents separate or divorce in England and Wales, agreeing on how children will spend time with each parent - whether through shared care or structured contact schedules - is often one of the most sensitive and important aspects of family proceedings. The legal system aims to facilitate arrangements that safeguard children's welfare, stability and relationships with both parents, while recognising that every family's needs are unique. This article explains the legal context for shared care and contact schedules, how arrangements are agreed or determined by courts, the role of mediation and parenting plans, and practical considerations for families.

Introduction to Shared Care and Contact Schedules

The legal framework that governs arrangements for children following separation is primarily contained in the Children Act 1989. Under this Act, family courts can make Child Arrangements Orders (CAOs) specifying with whom a child lives, when they spend time with a parent or another person, and other contact arrangements. CAOs replaced older concepts such as “custody”, “residence” and “contact” orders and focus on arranging children's lives in their best interests.

Shared care and contact schedules describe how and when a child spends time with each parent after separation:

• Shared care refers to a situation where a child spends significant time with both parents, potentially on a near‑equal basis or in a schedule agreed by the parties.
• Contact schedules describe the specific pattern of time - including evenings, weekends and school holidays - that a child will spend with the parent they do not primarily live with.

There is no fixed legal presumption that children must spend equal time with both parents (for example a strict 50:50 split). Instead, arrangements are tailored to each family's circumstances, prioritising the child's welfare.

Reaching Shared Care or Contact Agreements

Informal Agreement and Parenting Plans

Where communication remains possible, parents are encouraged to agree arrangements informally. A written parenting plan can outline proposed schedules, responsibilities for school runs, holidays and communication guidelines. Although a parenting plan is not a court order, it helps clarify expectations and may form the basis of a later consent order if formalised by a court.

Effective parenting plans often include:

• Scheduled days and times for contact (e.g. weekends, mid‑week evenings);
• Holiday and special occasions arrangements;
• Provisions for travel, schooling and transport responsibilities;
• How indirect contact (calls, messages and video communication) will be managed.

Mediation and Early Dispute Resolution

When parents cannot agree directly, they are generally required to attend a Mediation Information and Assessment Meeting (MIAM) before applying to court for a CAO, unless exceptions (such as safety concerns) apply. Mediation provides a confidential environment for negotiating shared care and contact arrangements with the assistance of a neutral third party.

Mediators help parties:

• Explore realistic schedules based on family routines;
• Identify obstacles and practical concerns (such as work hours or schooling);
• Reach agreements that reflect the child's best interests.

If mediation results in an agreement, it can be included in a consent order and approved by the court, making it legally binding.

Applying for a Child Arrangements Order

If negotiation and mediation do not produce an agreement, either parent (or another eligible individual, such as a grandparent with established involvement) can apply to the family court for a CAO under the Children Act 1989.

Court Process

Applications lead to a series of directions hearings. The court may involve the Children and Family Court Advisory and Support Service (Cafcass) to assess the child's welfare and provide independent advice on what contact or shared care arrangements would be appropriate.

At final hearings, family judges consider:

• The welfare checklist under the Children Act 1989, including the child's needs, wishes and routines;
• Evidence of each parent's ability to care for the child;
• Practical factors such as geographic distance, work schedules and school commitments;
• Any safeguarding concerns, including domestic abuse or risk to the child.

The outcome may be a CAO that includes a shared care schedule (significant time with both parents) or a contact schedule (defined time with the non‑resident parent), depending on what best supports the child's wellbeing.

No Fixed Time Split

It is important to understand that shared care does not necessarily equate to equal time (50:50). Courts can order shared care arrangements that reflect the child's best interests, which may be greater or lesser than half of their time with each parent. Practical considerations, including the child's age, school routine and stability, influence these decisions.

Common Shared Care and Contact Schedules

Although each case is unique, some common patterns include:

• Primary residence with one parent and set overnight contact on weekends and school holidays with the other parent;
• Alternating weeks where the child spends one week with each parent;
• Split schedules where the child spends certain days of the week with one parent and others with the other;
• Holiday contact arrangements that supplement weekday and weekend schedules.

Shared care schedules should be consistent and predictable to provide children with stability and routine. Sudden or complex variations can be disruptive to schooling, friendships and emotional wellbeing.

Safety, Risk and Supervised Contact

In cases involving safeguarding concerns - for example, where there are allegations of abuse or risk to a child - courts and mediators proceed with caution. Practice directions require courts to carefully consider risk of harm and ensure that any contact or shared care arrangement protects the child.

Where risk factors arise, arrangements may include:

• Supervised contact, where an independent supervisor attends visits;
• Supported contact services, often provided through accredited contact centres;
• Indirect contact initially, such as phone or video calls, before progressing to direct contact.

These measures help ensure children maintain relationships safely and appropriately.

Practical Considerations for Parents

Clear Communication

When negotiating schedules, consider the child's:

• Daily routines and school obligations;
• Social and extracurricular activities;
• Sleep arrangements and transport responsibilities.

Maintaining open, child‑centred communication between parents helps reduce conflict and supports consistent care.

Review and Flexibility

As children grow, their needs change. Parents should be prepared to review contact schedules and seek formal modifications through the court if arrangements no longer work, or agree changes informally and adopt them into updated parenting plans.

Record Agreements

Put details in writing, including pick‑up and drop‑off times, holiday arrangements and communication expectations. Written agreements help avoid misunderstandings and support compliance with CAOs where they exist.

Common Questions

Do courts automatically grant 50:50 shared care?
No. There is no legal presumption of equal time. The court assesses each case individually, with the child's welfare as the paramount consideration.

Can indirect contact be part of a schedule?
Yes. When direct contact is not appropriate or practical, indirect contact such as video calls or messages can be included in the arrangements.

What if parents live far apart?
Distance and travel can influence practical contact schedules. Courts consider travel time, school commitments and the child's wellbeing when structuring arrangements.

Key Takeaways

Shared care and contact schedules in divorce cases in England and Wales form part of Child Arrangements Orders under the Children Act 1989. These arrangements regulate where a child lives and how they spend time with each parent, shaped by the child's best interests and practical family circumstances. Parents are encouraged to agree schedules through negotiation and mediation where possible; if not, the family court will determine an appropriate arrangement considering the child's welfare, routines and safety. Shared care does not automatically imply equal time, but rather a pattern of care that supports the child's stability and relationship with both parents. Clear communication, written agreements and a focus on the child's needs help families navigate these complex issues constructively.