If both parents cannot come to an agreement about child custody through negotiation, the case will be taken to court where a judge will make the final decision. The court will come to a decision based on what is best for the welfare of any children involved.

If the involvement of the court becomes necessary, there are three kinds of court order available:

• Child Arrangements Order – this order indicates the amount of time a child will spend with each parent. This order typically outlines the resident parent – i.e. who the child will live with – and the non-resident parent. It will also take into account time to be spent with other parties such as grandparents and carers. A Child Arrangements Order also outlines how the child is to have contact with the non-resident parent, such as visits, overnight stays, telephone calls, emails and so on.
• Specific Issue Order – a parent will file a Specific Issue Order if they want to resolve a particular dispute regarding their children that has not been covered in the Child Arrangements Order. This will often involve deciding where the child attends school or where they will receive medical treatment.
• Prohibited Steps Order – a Prohibited Steps Order will prevent a parent from taking any unauthorised action with their child without seeking permission from the courts. For example, if a parent wants to take their child abroad, they must first gain the court’s permission.