Shared care arrangements for children

At Attwaters, we believe that agreeing on appropriate child arrangements should be one of the priorities when going through a separation. In this blog, we outline some things to think about when making decisions and what to expect if you need to go to court.

What to consider

You will need to decide where your children will live, how their time will be divided and how financial support will be managed. Every family is different – splitting the care 50/50 is not the only option and may not always be the best for your children. A range of factors should be taken into consideration, including a child’s maturity and their unique characteristics.

Here are some examples of typical shared care arrangements, their benefits and drawbacks:

Alternate weeks. While it may seem like the fairest solution for children to spend a week with each parent, this may not be in the children’s best interests as it requires them to be adaptable.
The 2-2-5-5 schedule. This is another way of sharing the care 50/50. It means one parent could always have the children on Mondays and Tuesdays, the other on Wednesdays and Thursdays. Then, you could alternate the weekend care. With this schedule, you may be able to ensure all pick up/drop offs take place at school during term time.
Weekdays/ weekends. Children might live with one parent during the week and the other over the weekend. This may be suitable if the two homes are further apart or if parents have different work patterns.
Bird nesting. Children stay in the family home, and the parents take turns to move out. This approach has become more popular in recent years, but it relies on good communication and a high level of cooperation between parents.
Flexible arrangements. Some parents might choose to be more flexible about the shared care, depending on what suits their schedules. This could become confusing for children as they don’t have a consistent routine.

Taking legal action

If an agreement cannot be reached, you may need to take legal action and ask the court to decide where your child lives, who they will spend time with and what forms of contact should take place.

Historically, the family courts have operated under the principle that it is generally in a child’s best interests to have contact with both parents, even if one has been abusive in the past. However, in October 2025, the government announced that the courts will no longer work under this assumption. Instead, judges will be required to consider each case individually, assessing whether it is safe for the child to have contact with the parent in the short and long term.

When deciding, the Judge must consider the following factors, as per the Children Act 1989:

The child’s wishes and feelings
The child’s age and understanding
The child’s physical, emotional and educational needs
The likely effect of any changes in the child’s circumstances
The child’s age, sex, background and any other relevant characteristics
Any harm that the child has suffered, or is at risk of suffering
How capable each parent is of meeting their child’s needs.

Here to help

If you’re going through a separation, we can advise you on the range of options available, including alternative dispute resolution. If you need to go to court, we will clearly explain what to expect from the process and support you every step of the way. Contact our Family Law team on familylaw@attwaters.co.uk or 0330 221 8855.