23rd July 2026
What Does the Court Consider When Deciding an Application for Contact with a Child?
When parents separate, arrangements for a child to spend time with each parent are often agreed between them. However, where an agreement cannot be reached, an application may be made to the Family Court for a Child Arrangements Order (“CAO”).
A Child Arrangements Order can regulate where a child lives and when a child spends time with another person. This article explains who can apply for a Child Arrangements Order for a child to spend time with them and the key factors the court considers when making its decision.
Who Can Apply for a Child Arrangements Order?
Certain people can apply to the court for a Child Arrangements Order as of right, without first seeking the court’s permission. These include:
Other individuals, such as grandparents, other relatives, family friends or former carers, may need to obtain the court’s permission before making an application.
The court will consider whether it is appropriate for the application to proceed and whether the proposed application could potentially benefit the child.
The Welfare Principle
The most important consideration in any application concerning a child is the child’s welfare.
This is known as the “welfare principle” and is contained in section 1 of the Children Act 1989. The court’s paramount consideration is the welfare of the child. This means that the child’s needs and best interests take priority over the wishes or interests of the adults involved.
The court does not start from the position that one parent has greater rights than the other. Instead, the focus is always on what arrangement best promotes the child’s welfare.
The Welfare Checklist
When determining what arrangements are in a child’s best interests, the court must consider the statutory welfare checklist, which includes:
The Child’s Wishes and Feelings
The court will consider the child’s wishes and feelings, taking into account their age and level of understanding. The weight given to a child’s views will depend on their maturity and circumstances.
The Child’s Physical, Emotional and Educational Needs
The court will assess the child’s day-to-day needs and consider which arrangements are most likely to meet those needs effectively.
The Likely Effect of Any Change in Circumstances
The court will consider how any proposed arrangements may affect the child, including whether significant changes to their routine, home life or relationships would be beneficial or harmful.
The Child’s Age, Sex, Background and Relevant Characteristics
Every child is different. The court will consider factors such as the child’s age, cultural background, religion, language and any other characteristics that may be relevant.
Any Harm the Child Has Suffered or Is at Risk of Suffering
The court must carefully consider any evidence that the child has experienced harm or may be at risk of future harm.
The Capability of Each Person Seeking to Care for the Child
The court will assess the ability of each parent or other relevant person to meet the child’s needs and promote their welfare.
The Range of Powers Available to the Court
The court will consider the different orders and options available and determine which is most appropriate in the circumstances.
The No Order Principle
The Children Act 1989 also contains the “no order principle”.
This means that the court should not make an order unless doing so would be better for the child than making no order at all.
Where parents are able to reach and maintain suitable arrangements themselves, the court may conclude that a formal order is unnecessary. The court encourages parents to resolve disputes where possible and focus on cooperative parenting arrangements that serve the child’s best interests.
The Presumption of Parental Involvement
The law recognises the importance of children having a meaningful relationship with both parents, where it is safe and appropriate.
There is a statutory presumption that the involvement of a parent in a child’s life will further the child’s welfare, unless there is evidence to the contrary.
“Involvement” does not necessarily mean equal time with the child. It can take many forms, including direct contact, indirect contact, telephone calls, video calls, letters and participation in important decisions affecting the child.
The presumption applies only where the parent can be involved in a manner that does not place the child at risk of suffering harm.
Domestic Abuse and Contact Applications
Allegations or findings of domestic abuse are highly relevant when the court is considering arrangements for a child.
Domestic abuse can include:
The court’s primary concern is the safety and welfare of the child and any parent or family member who may be affected.
Where domestic abuse is alleged, the court may need to determine whether the allegations are relevant to the arrangements being sought. In some cases, a separate fact-finding hearing may be required.
The court will consider:
The court may order safeguards such as supervised contact, supported contact, indirect contact only, or other protective measures where necessary.
While the court recognises the benefits of children having relationships with both parents, the child’s welfare and safety will always remain the overriding consideration.
Conclusion
When deciding an application for a Child Arrangements Order for a child to spend time with a parent or another individual, the Family Court’s paramount consideration is the child’s welfare. The court will apply the welfare principle, consider the welfare checklist, take account of the no order principle and recognise the general presumption that a parent’s involvement in a child’s life benefits the child.
However, each case is determined on its own facts, and issues such as domestic abuse, safeguarding concerns and the individual needs of the child will play a significant role in the court’s decision-making process.
If you are involved in a dispute regarding child arrangements, obtaining specialist legal advice can help you understand your options and the likely approach the court will take in your particular circumstances.
We offer competitive and affordable rates as well as fixed fees and legal aid – please contact us on 01274 305380 / 01535 600 973 / reception@williscroft.co.uk