Key Points Summary
- A shared care order is a type of child arrangements order under the Children Act 1989 where a child lives with both parents for specified periods
- Shared care does not require a 50/50 split – arrangements can be flexible based on the child’s needs
- Courts no longer require “exceptional circumstances” to grant shared care orders – the focus is solely on the child’s best interests
- Both parents maintain equal legal status and parental responsibility regardless of time splits
- Family mediation is often required before applying to court and can help parents reach agreements without lengthy legal proceedings
- Applications are made using Form C100 and must demonstrate the arrangement serves the child’s welfare
When parents separate or divorce, one of the most important decisions involves where children will live and how much time they’ll spend with each parent. If you’re considering a shared care order, you’re likely feeling worried about legal terms and worried about what’s best for your child. You’re in the right place – this guide will explain everything you need to know about shared care arrangements and how they work in practice.
Shared care orders offer a way for both parents to remain actively involved in their child’s daily life, moving away from outdated ideas about one parent being more important than the other. Let’s explore how these arrangements work and whether they might be right for your family.
A shared care order is a specific type of child arrangements order made under Section 8 of the Children Act 1989. Child arrangements orders are made under section 8 Children Act 1989, usually for residence or contact. The order specifies that a child will live with both parents at different times, rather than having one primary home.
Unlike traditional arrangements where a child “lives with” one parent and “spends time with” the other, a shared care arrangement recognises both homes as equally important. This doesn’t mean the time must be split equally – arrangements can be flexible to suit each family’s circumstances.
Jess Knauf, Director of Client Services at Mediate UK, explains:
“We worked with a family where the parents initially thought shared care meant exactly 50/50 time. However, we helped them understand that what mattered was both parents having meaningful involvement in their children’s lives. They created an arrangement where the children spent weekdays with mum near their school and weekends plus half the holidays with dad. Both parents felt valued and the children thrived.”
From Custody to Child Arrangements
The Shift Away from “Custody”
Before 2014, family courts used terms like “custody,” “residence orders,” and “contact orders.” These terms often created a sense that one parent “won” while the other “lost.” The Children and Families Act 2014 replaced these with child arrangements orders, focusing on what’s best for the child rather than parental rights.
In April 2014, the Children and Families Act merged residence and contact orders into a single, child arrangements order. This change reflected a more collaborative approach to post-separation parenting.
Section 8 Children Act 1989 Explained
Section 8(1) Children Act 1989, defines a child arrangement order as an order regulating arrangements relating to any of the following: With whom a child is to live, spend time or otherwise have contact and when a child is to live, spend time or otherwise have contact with any person
This broad definition allows courts flexibility in creating arrangements that genuinely serve individual families’ needs.
Shared care orders can take many different forms. Here are some common patterns we see at Mediate UK:
Week-About Arrangements
Children alternate weeks between each parent’s home. This works well when parents live reasonably close together and children are adaptable to routine changes – perhaps when they are a little older.
5-2-2-5 Pattern
A popular arrangement where children spend 5 days with one parent, 2 days with the other, then 2 days with the first parent, and 5 days with the second. This creates a more frequent change pattern.
School Week/Weekend Split
Children live with one parent during school weeks and spend weekends and holidays with the other parent. This can work well when parents live further apart.
50/50 Split – Alternate weekends
A popular 50/50 split is when the child spends Mondays and Tuesday with one parent, Wednesday and Thursdays with there other and then alternate Fridays to Sundays. It also means all pick up and drop offs are done via school in term time.
Flexible Arrangements
Some families prefer less rigid structures, with arrangements that change based on work commitments, school activities, or the children’s preferences as they get older.
For example, at Mediate UK, we recently worked with parents who created a unique arrangement. The children spent Monday to Wednesday with mum, Thursday to Saturday with dad, and alternated Sundays. This suited both parents’ work patterns and gave the children consistency during the school week.
The Welfare Checklist
When considering any shared care application, courts apply the welfare checklist. Under section 1(3) of the Children Act 1989, the Court has a checklist of factors to consider when deciding what is in the child’s best interest.
This includes:
- The child’s wishes and feelings (considering their age and understanding)
- Physical, emotional, and educational needs
- The likely effect of any changes to their circumstances
- Age, sex, background and relevant characteristics
- Any harm the child has suffered or risks suffering
- How capable each parent is of meeting the child’s needs
Case Law Development
The courts’ approach has evolved significantly. In Re A (Children) (Shared Residence) 2002, the Court of Appeal confirmed that a shared residence order need not only be made in exceptional circumstances, confirmed the authority and competence of both parents and should be considered where there was a relatively smooth passage of children between the parents’ homes, and the homes were in close proximity.
More recently, judges have recognised that shared care arrangements can be beneficial even when time isn’t split equally. Indeed such an order is nowadays the rule rather than the exception even where the quantity of care undertaken by each parent is decidedly unequal.
Psychological Benefits for Parents
Shared care orders provide important psychological benefits. Such an order emphasises the fact that both parents are equal in the eyes of the law and that they have equal duties and responsibilities as parents. The order can have the additional advantage of conveying the court’s message that neither parent is in control and that the court expects parents to co-operate with each other for the benefit of their children.
Reduced Conflict
When both parents feel recognised as equally important, it can reduce ongoing disputes about parental authority and decision-making.
Child’s Relationship with Both Parents
Children benefit from maintaining strong relationships with both parents, provided both homes are safe and nurturing environments.
Essential Factors for Success
For shared care arrangements to work effectively, certain conditions help:
- Geographic proximity – Children need to travel easily between homes
- Parental cooperation – While parents don’t need to be best friends, basic communication is essential
- Stable home environments – Both homes should provide appropriate care and consistency
- Child’s adaptability – Some children thrive with variety, others need more routine
Shared care orders aren’t appropriate in all situations. Concerns include:
- High conflict between parents that affects the children
- Domestic violence or abuse concerns
- Significant distance between homes affecting school/social life
- Very young children who need more stability (though this varies)
- Children’s strong preferences for different arrangements
Get in touch to find out how Mediate UK can help with your parenting or financial dispute, or with a divorce, separation or legal advice. Call 0330 999 0959 or click here.
Making an Application: The Court Process
Before Going to Court
Before applying for a shared care order, you’ll typically need to attend a Mediation Information and Assessment Meeting (MIAM). This requirement recognises that many families can reach agreements without court intervention.
At Mediate UK, we help parents explore whether shared care might work for their family. Our experienced mediators can facilitate discussions about practical arrangements, from school pickups to holiday planning.
Form C100 Application
Applications for child arrangements orders are made using Form C100. The application must demonstrate:
- Why the order is necessary for the child’s welfare
- What specific arrangements you’re proposing
- How the arrangement serves the child’s best interests
- Evidence of attempting mediation (unless exemptions apply)
The Court Process
Court proceedings typically involve several stages:
- First Hearing Dispute Resolution Appointment (FHDRA) – Court explores whether agreement is possible
- Welfare reports – CAFCASS may interview family members and make recommendations
- Further hearings if needed to resolve specific issues
- Final hearing where a judge makes the final decision
Financial Implications
Child Maintenance Calculations
Shared care arrangements affect child maintenance calculations. The Child Maintenance Service (CMS) uses a formula that considers how many nights per year children spend with each parent.
- 1-51 nights per year with the paying parent: No reduction in maintenance
- 52-103 nights per year: One-seventh reduction
- 104-155 nights per year: Two-sevenths reduction
- 156-174 nights per year: Three-sevenths reduction
- 175+ nights per year: Half reduction
Other Financial Considerations
Beyond maintenance, shared care involves practical financial arrangements:
- Duplicate items needed in both homes (clothes, toys, school equipment)
- Transportation costs between homes
- Activity costs when children are with each parent
- Housing costs – both parents need suitable accommodation
The “No Order” Principle
Courts follow the “no order” principle under Section 1(5) of the Children Act 1989. This means courts won’t make an order unless it’s better for the child than making no order at all.
If parents can cooperate and make informal arrangements that work well, courts may decide formal orders aren’t necessary. However, formal orders do provide clarity and legal enforceability if circumstances change.
Common Misconceptions About Shared Care 
“It Must Be 50/50”
One of the biggest misconceptions is that shared care requires exactly equal time. In reality, arrangements can be flexible. A child might spend weekdays with one parent and weekends with another, or follow a 60/40 split that still qualifies as shared care.
“It’s Only for Older Children”
While very young children may benefit from more consistency, there’s no strict age limit for shared care arrangements. Each case depends on the individual child’s needs and adaptability.
While significant conflict makes shared care more challenging, it doesn’t automatically prevent these arrangements. Shared residence orders could be considered even when one parent was hostile to the idea. Sometimes, formal recognition of both parents’ roles can actually reduce conflict.
Role of Family Mediation
Why Mediation Helps
Family mediation offers several advantages over court proceedings for developing shared care arrangements:
- Cost-effective compared to lengthy court cases
- Faster resolution than waiting for court dates
- Flexible solutions tailored to your family’s needs
- Better ongoing relationships through collaborative problem-solving
- Children’s voices heard through child-inclusive mediation
- Free £500 Voucher from the government towards your joint mediation costs
The Mediate UK Approach
At Mediate UK, we specialise in helping parents create workable shared care arrangements. Our approach focuses on:
Child-Centred Discussions: We help parents focus on their children’s needs rather than their own grievances with each other.
Practical Planning: We work through the details that make shared care successful – from school transport to birthday celebrations.
Future-Proofing: We help parents consider how arrangements might adapt as children grow and circumstances change.
Jess Knauf reflects: “We supported parents who were convinced shared care wouldn’t work because they couldn’t stand being in the same room. Through mediation, they developed a detailed plan that minimised direct contact while maximising their children’s time with both parents. Two years later, they’re co-parenting effectively and their children are thriving in both homes.”
When Orders Need Changing
Shared care arrangements may need modifying as circumstances change:
- Children’s changing needs as they get older
- Parental relocations for work or personal reasons
- School changes affecting logistics
- New relationships impacting family dynamics
Enforcement Options
If one parent isn’t following the shared care order, enforcement options include:
- Warning letters from solicitors
- Family court applications for enforcement
- Contempt of court proceedings in serious cases
- Variation applications if the order needs changing
However, Mediate UK often helps parents resolve compliance issues through mediation, which is typically faster and less adversarial than returning to court.
Informal Arrangements
Many separated parents manage shared care arrangements informally without court orders. This works well when:
- Both parents communicate effectively
- Arrangements are working smoothly
- Flexibility is needed for changing circumstances
Other Types of Child Arrangements Orders
If shared care isn’t suitable, other arrangements include:
- Lives with one parent, spends time with the other – Traditional arrangement with regular contact
- Lives with arrangements specifying primary residence with extended contact
- Specific issue orders addressing particular decisions without changing living arrangements
International Perspectives and Research
Research on shared care arrangements shows mixed but generally positive outcomes when certain conditions are met:
- Children in well-functioning shared care often maintain stronger relationships with both parents
- Academic performance can be maintained when transitions are managed well
- Emotional wellbeing benefits from feeling valued by both parents
Communication Strategies
- Use technology – Co Parenting apps can help coordinate schedules
- Keep communication child-focused rather than discussing relationship issues
- Establish boundaries about communication timing and methods
- Document arrangements to avoid misunderstandings
Creating Consistency Between Homes
- Similar bedtimes and rules help children adapt
- School supplies and homework should move with children or be duplicated
- Medical information must be shared promptly
- Activities and friendships should be supported from both homes
Supporting Children Through Transitions
- Prepare children for transitions with clear schedules
- Allow adjustment time after switches between homes
- Validate children’s feelings about having two homes
- Maintain connections to friends and activities from both homes
Jess Knauf observes: “We worked with a family where the parents created ‘transition rituals’ – special snacks or activities that helped their daughter settle into each home. These small gestures made a huge difference to how comfortable she felt moving between houses.”
Summary and Next Steps
Shared care orders offer a way for both parents to remain meaningfully involved in their children’s lives after separation. While not suitable for every family, they can provide benefits when:
- Both parents are committed to making arrangements work
- Children can adapt to having two homes
- Practical arrangements support the children’s needs
- Geographic and logistical factors are manageable
Courts have evolved to support shared care without requiring exceptional circumstances, focusing instead on what serves each child’s individual welfare.
If you’re considering a shared care arrangement, mediation can help you explore whether it’s right for your family and develop practical arrangements that work for everyone involved. Even if you ultimately need court involvement, mediation can help you prepare and potentially reduce the issues that need judicial determination.
The most important factor is always your children’s wellbeing. Shared care works best when it genuinely serves their needs rather than just satisfying parental desires for equal time.
Take Action: Get the Support You Need
At Mediate UK, our experienced family mediators help parents across England and Wales create shared care arrangements that work for their unique circumstances. We understand that every family is different, and we’ll work with you to find solutions that put your children’s needs first.
Whether you’re just starting to think about separation, already in discussions with your ex-partner, or preparing for court proceedings, we can help you explore your options and develop practical arrangements.
Our services include:
- Family mediation to help you reach agreements without court involvement
- Child-inclusive mediation so your children’s voices are heard
- C100 form assistance if court applications become necessary
- Co-parenting support to help you maintain effective arrangements
- We can apply for £500 government voucher to your case
Don’t let uncertainty about shared care orders prevent you from exploring what might be best for your family. Contact Mediate UK today for a free consultation and discover how mediation can help you create arrangements that work for everyone.
Call 0330 999 0959 or visit our website to book your free consultation. Your children’s future is worth the investment in getting this right.
