Family law · Children
Arrangements that put your children first
Where your children live, and the time they spend with each of you. Most families agree it without a judge. When they cannot, we guide you through court calmly and carefully.
“We can't agree on how the children will split their time.”
Where most of our clients begin
Courts in England and Wales start from one question: what is best for the child? The law expects parents to try to agree first, and most do, sometimes with help from a mediator or a solicitor's letter setting out a sensible proposal.
If agreement is not possible, the court can make a child arrangements order setting out who the child lives with and when they spend time with the other parent. We prepare you for every stage, so you can concentrate on your children rather than the paperwork.
How we help
- Advice on a fair, workable parenting arrangement
- Letters and negotiation with the other parent
- Preparing for mediation and the MIAM
- C100 applications to the family court
- Representation at hearings, including the first hearing
- Relocation, schools, and other specific issues
The process
If you need to go to court
A typical route for a child arrangements application. Many cases settle at the first hearing.
- 1
Before anything else
Try to agree
Talk directly, through solicitors, or with a mediator. A written parenting plan can work without any court order.
- 2
Usually required
Attend a MIAM
A Mediation Information and Assessment Meeting is a legal requirement before applying, unless an exemption applies, for example where there is domestic abuse or genuine urgency.
- 3
Start of proceedings
Apply on form C100
The application sets out what you are asking the court to decide and why. A court fee is payable unless you qualify for help with fees.
- 4
Before the first hearing
Safeguarding checks
Before the first hearing, Cafcass speaks to both parents and carries out police and local authority checks, then reports to the court on any safety concerns.
- 5
Often within a couple of months
First hearing (FHDRA)
The First Hearing Dispute Resolution Appointment. The judge and Cafcass help you look for agreement, and many cases settle here. If not, the court sets out what happens next.
- 6
Only if still disputed
Reports and final hearing
If issues remain, the court may ask for a Cafcass report and statements, then decide at a final hearing what order is in the child's best interests.
FAQs
Child Arrangements: your questions
Still unsure? A ten-minute call usually settles it.
What is a child arrangements order?
It is a court order that says who a child lives with, and when and how they spend time with the other parent. It replaced the old 'residence' and 'contact' orders. The child's welfare is the court's paramount consideration.
Do I have to attend mediation first?
In most cases you must attend a Mediation Information and Assessment Meeting (MIAM) before applying to court. There are exemptions, including where there is evidence of domestic abuse or the application is urgent. We can tell you whether one applies.
What is parental responsibility?
It is the legal right and responsibility to make major decisions about a child's upbringing. Mothers have it automatically, as do fathers who were married to the mother or are named on the birth certificate (for births registered from 1 December 2003). Others can acquire it by agreement or court order.
Can I take my child abroad, or move away?
Taking a child out of the UK without the consent of everyone with parental responsibility, or a court order, can be a criminal offence, although a parent with a 'lives with' order may take the child abroad for up to a month. A permanent move abroad needs agreement or the court's permission.
Will my child have to speak to the judge?
Rarely. A child's wishes and feelings are usually gathered by a Cafcass officer, who reports to the court. How much weight they carry depends on the child's age and understanding.