What to expect if you want your child to spend more time with you

When you and your partner first separate, it is likely that one of the first questions to cross your mind will be how much time your child will spend with you. In a lot of cases, parents are able to agree the arrangements for a child without involving the court. However, if communication between you and your co-parent has broken down or informal arrangements are no longer working, you may be considering making an application to the family courts for your child to spend more time with you. Understanding how the courts make these decisions can help you prepare and set realistic expectations.

How the court decides how much time a child should spend with each parent

Your child’s welfare is the court’s sole priority. The court does not favour one parent over the other, nor does it decide cases on labels such as one parent being the “primary carer”. Instead, it takes a structured approach, looking at what arrangements will best meet the needs of the individual child, bearing in mind that there is currently a statutory presumption that it is generally best for both parents to be involved in a child’s life.

When considering an application for your child to spend more time with you, the court will look at:

• Your child’s emotional, physical and educational needs.
• The level of involvement you have had in your child’s life so far.
• Practical factors such as routines and the distance between households and your child’s school.
• Each parent’s ability to provide safe, consistent care.
• The nature of your child’s relationship with each of you.
• Any safeguarding concerns (e.g. allegations of abuse).
• Your child’s wishes and feelings, depending on their age and maturity.

The court’s aim is to create arrangements that support your child’s stability, development and emotional wellbeing. If you are seeking more time, the court will consider whether the proposals you put forward meet those needs and whether a gradual increase would help your child adjust to spending more time with you.

How you can strengthen your position

Given the above, the court will expect you to take a child-focused approach. You can support your case by:

• Putting forward practical, workable proposals centred on your child’s routine and needs.
• Demonstrating reliability. You can do this by sticking to agreed/ordered schedules as much as possible, attending school events and health appointments and staying involved in day‑to‑day matters.
• Communicating appropriately with your co-parent where it is safe to do so.
• Addressing any safety concerns raised about you with evidence and realistic solutions.
• Recognising that your child may need time to adapt that any changes and being open to phased increases.

Generally, a calm, consistent and constructive approach that focuses on what is in your child’s best interest carries significant weight with the court.

How courts assess child safety risks

If your co-parent raises concerns about safety, it is important to understand that the court will follow a careful, structured process before deciding what arrangements are safe for your child.

This may include:

• Initial safeguarding checks carried out by Cafcass.
• Reviewing relevant police, medical or social care information.
• Considering statements, evidence and any patterns of behaviour.
• Ordering a fact‑finding hearing if allegations are disputed.
• Requesting further assessments from Cafcass or relevant experts.

Once the court has assessed any risk, it will consider what form of contact is safe and appropriate for your child. Options range from no contact to unsupervised time to supervised or supported contact.

Where the law may be heading

In view of the current presumption that both parents should be involved in a child’s life, a complete bar on contact remains rare and is only used where this is necessary to protect the child. However, the government announced in October 2025 that it plans to repeal the presumption. Whilst the law has not yet changed, so it remains to be seen what effect repealing the presumption will have in practice, the courts are increasingly focused on detailed welfare assessments and ensuring that children’s needs and safety are the central consideration in every case.

For most parents who are seeking more time with their child, the core principles remain the same: show consistency, focus on what is in your child’s best interests, put forward child‑centred proposals and demonstrate the positive role you play in your child’s life.

How we can help

If you would like advice tailored to your situation, our specialist family team can help you understand your options and support you in achieving arrangements that work for you and your child. If you would like to discuss your situation in confidence, please contact our family team.