Child Arrangements Solicitors

Where your children live and who they spend time with — decisions that affect everything.

Whether you are separating, responding to an application, or dealing with an existing arrangement that is breaking down — a specialist family solicitor will tell you exactly where you stand and what the court is likely to order. Children Act proceedings put the child's welfare first. Knowing how that applies to your case is essential.

Live with & spend time with orders Urgent prohibited steps orders available CAFCASS & court process explained Free initial consultation

Understanding the Process

Child arrangements — the legal framework and your options.

Courts always consider the child's welfare as the paramount concern. Understanding how that principle is applied — and how to present your case — makes a significant difference to the outcome.

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Child Arrangements Orders

A Child Arrangements Order (CAO) sets out where a child lives ("lives with") and the time they spend with the other parent ("spends time with"). Courts prefer arrangements that maintain both parental relationships — but where there are welfare concerns, safety will take priority over contact. A solicitor can advise on what a realistic order looks like for your situation.

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MIAM — mediation first

Before applying to court, you are required to attend a Mediation Information and Assessment Meeting (MIAM) to explore whether the matter can be resolved without proceedings. Exemptions exist for domestic abuse, urgency, and other specified circumstances. A solicitor will advise on whether you qualify for an exemption and what to expect at the MIAM if you attend.

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CAFCASS involvement

The Children and Family Court Advisory and Support Service (CAFCASS) safeguards the interests of children in family court proceedings. A CAFCASS officer will speak to the child (where age-appropriate), speak to both parents, and make recommendations to the court. Preparation for the CAFCASS call — and understanding how to respond to their report — is one of the most important parts of Children Act proceedings.

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Parental responsibility

Parental responsibility (PR) gives a parent the right to be involved in major decisions about a child's life — education, medical treatment, religion, and international travel. Mothers automatically have PR; married fathers have it from birth; unmarried fathers acquire it by being on the birth certificate (post-2003) or by agreement or court order. Where PR is in dispute, a solicitor can advise on the options.

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Prohibited steps and specific issue orders

A Prohibited Steps Order prevents a parent from taking a specific action — such as removing the child from the country, changing their school, or stopping contact. A Specific Issue Order resolves a dispute about a particular decision. Both can be applied for urgently where there is an immediate risk. In genuinely urgent cases, the court can make an order without notice to the other party.

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Enforcement and variation

Where an existing Child Arrangements Order is being breached — contact withheld, child not returned — enforcement proceedings are available. Where circumstances have changed significantly — a parent relocating, a child's wishes changing with age — a variation application can update the order. A solicitor can advise on which application is appropriate and what evidence is needed.

How It Works

Agreement where possible. Court where necessary.

Most child arrangements disputes can be resolved without a contested hearing — through negotiation, mediation, or a consent order. A solicitor will identify the fastest route to a stable arrangement that puts your child's welfare first.

Submit Your Request
1

Describe the situation

Tell us about the current arrangements, what the dispute is about, and any urgent concerns for your child's welfare.

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Solicitor reviews your case

A children law specialist advises on what orders are available, what the court is likely to order, and the fastest route to resolution.

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Free initial consultation

You receive clear advice on your legal position and realistic outcomes — with no obligation and no pressure.

Free Initial Consultation

Your child's arrangements should be settled — not a source of ongoing conflict.

A specialist solicitor will advise on the most effective route to a stable, enforceable arrangement that works for your child.

Get Child Arrangements Advice

Common Questions

Child arrangements — what people ask us.

Does the mother always get residence of the children?

No. There is no legal presumption in favour of mothers. Courts apply the welfare checklist and consider the child's wishes and feelings (taking into account their age and understanding), their physical and emotional needs, the likely effect of any change in circumstances, and the capability of each parent to meet those needs. The historical tendency towards maternal residence has reduced significantly — shared care arrangements are increasingly common where both parents are suitable carers.

My ex is refusing to allow contact. What can I do?

Withholding contact in breach of an agreed or ordered arrangement is a serious matter. If there is no court order in place, the first step is usually a solicitor's letter and mediation. If there is an order in place, enforcement proceedings can be brought — the court can impose unpaid work, a fine, or in serious cases imprisonment for contempt. The court can also vary the arrangements, including transferring residence, where persistent breach is shown to be against the child's welfare.

My child says they don't want to see the other parent. How much weight does the court give to this?

The court considers the child's wishes and feelings — but gives them weight according to the child's age and understanding, not as a determinative factor. A child's stated wishes may reflect the influence of one parent rather than their genuine views. CAFCASS will speak to the child and report to the court. Generally, courts are cautious about arrangements that entirely exclude one parent based solely on the child's stated preference, particularly for younger children.

Can I take my children abroad without the other parent's permission?

If there is a Child Arrangements Order naming the child as living with you, you can take the child abroad for up to 28 days without the other parent's consent — but not without notifying them. Any longer period, or international relocation, requires either the other parent's consent or a court order. Taking a child abroad without consent or a court order can constitute child abduction. A solicitor can advise on the correct process for planned international travel or relocation.

The other parent is making allegations against me. How do I respond?

Allegations — particularly of abuse or neglect — are treated seriously by the court and by CAFCASS. Where allegations are made, the court may list a fact-finding hearing to determine whether they are established before deciding on contact arrangements. It is essential to take legal advice as early as possible if allegations are made. How you respond at the outset — including what you say to CAFCASS — significantly affects how the proceedings develop.

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