Child Arrangements Cardiff: The Children Act 1989 and the new Pathfinder Scheme improvement

The Children Act 1989: Parental Responsibility, Section 8 Orders, and the Welfare Checklist

Child arrangements under the Children Act 1989 is designed to ensure that the welfare of the child is the court’s paramount consideration. Central to this is the concept of parental responsibility, which refers to the legal rights, duties, powers, and responsibilities a parent has in relation to their child and their property. Parental responsibility underpins all major decisions about a child’s upbringing, including education, health, and day-to-day care. All mothers automatically have parental responsibility, as do married fathers. Unmarried fathers can acquire it by being named on the birth certification, entering into an agreement with the mother, or by court order. When parents or others with a connection to the child cannot agree on arrangements, the Act empowers the court to make a range of Section 8 orders. These include:

• Child Arrangements Orders: Decides where a child lives and who they spend time with.
• Prohibited Steps Orders: Prevent a parent or other person from taking certain actions without the court’s permission, such as taking a child abroad. To find out more on how to apply for a Prohibited Steps Order see here.
• Specific Issues Orders: Resolve particular disputes, such as which school a child should attend.

It is important to note that while those with parental responsibility can apply for Section 8 orders as of right, others, such as grandparents may also apply, but will usually need to seek the court’s permission first. The Court will consider the applicant’s connection to the child and the nature of the application before granting permission. In making an order, the court applies the Welfare Checklist under section 1(3) of the Act. This involves considering the child’s wishes and feelings in light of their age and understanding, their physical, emotional, and education needs, the likely effect of any change in circumstances, and any risk of harm. The court also considers the capability of each person’s ability to meet the child’s needs and the range of powers available (the court has broad discretion to make any order, or combination of orders, that it considers will best promote the child’s welfare, even if such orders are not specifically requested by all parties)

Practical Steps for Parents

If you are involved in a child arrangement dispute, it is important to approach the situation with clarity and a child-focused mindset. The following steps can help you prepare:

• Consider Mediation First: Many disputes can be resolved through mediation or other forms of alternative dispute resolution. This can save time, reduce stress, and avoid the cost of lengthy court proceedings. Mediation also gives parents greater control over the outcome rather than leaving the decision entirely in the hands of a judge. It is crucial to note that mediation is highly encouraged where ever possible and is often the first step in any Child Arrangement Order.

• Seek Early Legal Advice: Understanding your rights and responsibilities from the outset is essential. A solicitor can advise on the likely approach of the court, the strength of your case, and the options available to you.

• Keep Communication Child-Centred: When possible, maintain constructive communication with the other parent. The court will always prioritise the child’s welfare, so demonstrating flexibility and cooperation can work in your favour.

• Gather Relevant Evidence: If there are concerns about safeguarding, schooling, health, or welfare, keep accurate records and documentation. This could include school reports, medical notes, or communication logs.

• Manage Expectations: Court proceedings can take time and may require compromise. Being realistic about possible outcomes can help reduce conflict and achieve a workable solution sooner.

• Look After Yourself: Separation and disputes can be emotionally draining. Accessing support networks—whether through friends, family, or professional counselling—can help you remain resilient and focused on your children’s needs.

How MD Law can help you

At MD Law, our experienced family law team in Cardiff is fully up to date with both the Children Act 1989 and the Pathfinder Scheme. We understand how stressful and emotional child arrangement cases can be, and we are committed to providing clear, compassionate, and practical advice tailored to your family’s circumstances.

Here’s how we can support you:

• Free Initial Consultation: We offer a free 15-minute telephone consultation to discuss your situation, outline your options, and explain how the Pathfinder Scheme may affect your case.

• Expert Guidance on Child Arrangements: Whether you are considering mediation, applying for a Section 8 order, or responding to an application, we will guide you through each stage with straightforward advice.

• Representation in Court: If your child arrangement case case proceeds to a hearing, we can represent you in court and ensure your views—and those of your child—are effectively presented.

• Child-Focused Approach: We always prioritise the welfare of your children, helping you work towards arrangements that are safe, fair, and sustainable.

• Local Expertise in Cardiff and Beyond: With direct experience of how the Pathfinder Scheme is being applied locally, we can give you insight into how the courts are likely to handle your case.

• Ongoing Support: Beyond resolving the immediate dispute, we can advise on longer-term arrangements, reviews, or modifications to existing orders, ensuring your family has continuing support.

At MD Law, we aim not just to resolve disputes but to help families move forward with confidence, stability, and a clear focus on their children’s best interests through positive child arrangements.

Author & Editor

Laura Brewer

Private Client and Family Executive | Marketing and Business Development