A documentary-style photo of a family mediation session in a bright, modern room. A female mediator sits with a notepad, listening to a mother, teenage son, and father seated on a sofa. The family members show restrained, thoughtful body language in a neutral-toned setting with natural light.

Can Mediation Replace Court in Family Disputes?

Following a separation, one of the most significant challenges is establishing a routine that prioritises your child’s wellbeing while organisational conflict is minimised. To assist with this transition, Cafcass (the Children and Family Court Advisory and Support Service) has introduced “Our Child’s Plan” as the updated framework for parenting agreements in England and Wales.

The transition to this new title reflects a deliberate shift toward a more child-centric philosophy. Rather than focusing solely on “custody” or “access” timetables, the plan is designed to address a child’s holistic needs, wishes, and daily lived experience.


What is Our Child’s Plan?

Our Child’s Plan is a written, voluntary agreement between parents—and occasionally extended family members—detailing how a child will be cared for post-separation. It serves as a structured roadmap to navigate practical complexities, ensuring both parents remain aligned.

According to Cafcass guidance, the primary objective is to keep the “Best Interests of the Child” at the core of every decision, reflecting their evolving maturity and perspective. A good plan can reduce confusion, lower conflict, and make daily life more predictable for everyone involved.

Essential Components of an Effective Plan

While every family dynamic is unique, successful plans typically incorporate four key pillars:

1. Living and Practical Routines

The plan should provide a predictable schedule that offers the child a sense of security. This includes:

  • Weekly Routines: School-night arrangements and weekend patterns.
  • Holidays: How half-terms, summer breaks, and Christmas are shared.
  • Logistics: Transport arrangements and specific handover locations.

2. Communication Between Homes

In the modern age, “time spent” is not limited to physical presence. A robust plan outlines how a child maintains contact with the parent they are not currently with, including:

  • Scheduled Calls: Agreed times for phone or video calls.
  • Digital Updates: Sharing information about school, health, and extracurricular activities.
  • Co-Parenting Tools: The use of shared calendars or specialised co-parenting apps to keep communication calm and consistent.

3. Education and Health

Under the Children Act 1989, most parents share Parental Responsibility. Your plan should clarify how important decisions are reached, such as:

  • Schooling: Attendance at parents’ evenings and how school information is shared.
  • Medical Care: Who takes the child to appointments and how health data is disseminated between households.
  • Decision Making: How support needs or treatments are agreed upon.

4. Safety and Practical Safeguards

If high conflict or safety is a concern, the plan must be explicit. This may involve:

  • Neutral Handovers: Using locations like a school or a third-party setting.
  • Contingency Plans: What to do if a parent is running late or a routine change is requested.
  • Dispute Resolution: Defining how disagreements will be managed to protect the child from parental friction.

The Role of Child-Inclusive Mediation

Can children be directly involved in the creation of the plan? In 2026, the answer is increasingly yes.

The Family Mediation Council (FMC) maintains that children and young people aged 10 and over should generally be offered the opportunity to have their voices heard. In Child-Inclusive Mediation, a specially trained mediator meets with the child privately. The goal is not to force the child to “choose” a parent, but to understand their feelings regarding the proposed routine. Often, children provide practical insights that help parents make more sustainable decisions.

Is Our Child’s Plan Legally Binding?

It is important to understand that Our Child’s Plan is a voluntary agreement and is not legally binding on its own. However, it serves as a powerful written record of mutual intentions. If parents require the arrangements to be legally enforceable, they may apply to the court for a Child Arrangements Order. As explained by GOV.UK, where parents are in agreement, they can ask the court to make an “order by consent.” A judge will typically approve this if it is deemed to be in the child’s best interests.

Legal Note: Unlike financial matters, parents do not usually convert a mediation agreement into a “consent order” first. Instead, the direct route is to seek a Child Arrangements Order if formal enforceability is required.

Practical Considerations for Your Plan

TopicQuestions Your Plan Should Answer
HandoversWhere will they happen, and who is responsible for transport?
Special DaysHow are birthdays, Eid, Christmas, or Mother’s/Father’s Day split?
New PartnersAt what stage—and how—will new partners be introduced?
Future DisputesWill you commit to trying mediation again before applying to court?

A Working Document: Adapting to Change

A parenting plan is rarely “fixed for life.” As children move from primary to secondary school, their needs regarding extracurricular activities and social lives will inevitably shift. Parents are encouraged to treat the plan as a working document to be reviewed annually. If an agreement cannot be reached on updates, a session of mediation can help realign the plan with the child’s current reality.

Final Thought

Our Child’s Plan is more than just a schedule; it is a framework for collaborative parenting. By reducing ambiguity and focusing on the child’s perspective, it provides the stability children need to thrive across two homes.