Child Arrangement Solicitors

When parents separate, the arrangements for children are often the most important and emotionally difficult issue to resolve. At T&S Legal, we help parents, grandparents, and other family members reach arrangements that prioritise the children’s welfare.

What Are Child Arrangement Orders?

Child arrangement orders are court orders that set out:

Who the child will live with — the child’s primary home
Who the child will spend time with — contact with the other parent or family members

Orders can also cover specific aspects of a child’s upbringing, such as which school they attend or decisions about medical treatment.

Do You Need a Court Order?

Not necessarily. Many parents reach agreement about their children’s care without court involvement. If you can agree arrangements that work for everyone — especially the children — that is usually the best approach.

You may need a court order if:

You cannot reach agreement with the other parent
There are concerns about the child’s safety or welfare
One parent is preventing the other from seeing the child
One parent wants to relocate with the child
You need a legally enforceable arrangement

How the Court Decides

When making decisions about children, the court’s paramount consideration is the child’s welfare. The court uses a welfare checklist that includes:

The child’s physical, emotional, and educational needs
The likely effect of any change in circumstances
The child’s age, background, and relevant characteristics
Any harm the child has suffered or is at risk of suffering
How capable each parent is of meeting the child’s needs
The child’s own wishes and feelings (in light of their age and understanding)

The Process

1. Mediation

Before applying to court, you are generally required to attend a Mediation Information and Assessment Meeting (MIAM). This assesses whether mediation could help you reach agreement without court proceedings. Exemptions exist for cases involving domestic abuse or child protection concerns.

2. Application

If mediation is not appropriate or does not result in agreement, you can apply to the court using Form C100. The court fee is currently £232.

3. Cafcass Involvement

A Cafcass officer (Children and Family Court Advisory and Support Service) will speak to both parents before the first hearing and provide the court with a safeguarding report.

4. First Hearing (FHDRA)

The court will list a First Hearing Dispute Resolution Appointment. Both parents attend with their representatives. The court will attempt to help parents reach agreement. If that is not possible, directions will be given for the next steps.

5. Further Hearings and Reports

If the matter does not settle, the court may order a more detailed Cafcass report, a fact-finding hearing if there are disputed allegations, or expert assessments.

6. Final Hearing

If agreement still cannot be reached, the court will make a decision at a final hearing after hearing evidence from both parties.

Other Children Matters

Parental Responsibility

Parental responsibility gives you legal rights and responsibilities in relation to your child. Mothers automatically have parental responsibility. Fathers have it if they were married to the mother at the time of birth or are named on the birth certificate (for births registered after 1 December 2003). We can help fathers apply for parental responsibility if needed.

Specific Issue and Prohibited Steps Orders

Specific issue orders resolve a particular dispute, such as which school a child should attend
Prohibited steps orders prevent a parent from taking a specific action, such as removing the child from the country

Child Maintenance

Child maintenance is the financial support paid by the parent who does not have primary care of the child. In most cases, child maintenance is arranged through:

Family-based arrangement — parents agree between themselves
Child Maintenance Service (CMS) — a government service that calculates and, if necessary, collects maintenance payments
Court order — in limited circumstances, the court can make a maintenance order, particularly in high-income cases (where the paying parent earns over £156,000 per year) or where there are additional needs such as school fees or disability-related costs

We can advise on all options and help ensure your children receive appropriate financial support.

Relocation

If you wish to relocate with your child — whether within the UK or abroad — or if the other parent is seeking to do so, specialist legal advice is essential. These cases are complex and the court will consider a range of factors before making a decision.

Our Approach

We believe that in most cases, children benefit from having meaningful relationships with both parents. We encourage parents to reach agreement through discussion or mediation wherever possible. When this is not achievable, we provide clear advice and robust representation to protect your children’s interests.

How We Can Help

Child arrangement orders (live with and spend time with)
Parental responsibility applications
Specific issue orders
Prohibited steps orders
Relocation and leave to remove applications
Grandparents' rights and contact
Enforcement of existing orders
Urgent and emergency applications

Frequently Asked Questions

At what age can a child decide where they want to live?: There is no set age at which a child can decide. Courts will consider a child's wishes and feelings, giving them more weight as the child matures. However, the child's wishes are just one factor — the court must consider all circumstances and prioritise the child's welfare.
Can grandparents apply for a child arrangement order?: Yes, grandparents can apply, but they usually need permission from the court first. The court will consider the nature of the relationship with the child and whether the application is in the child's interests. We regularly help grandparents navigate this process.
What happens if my ex does not follow the court order?: If the other parent breaches a child arrangement order, you can apply to the court for enforcement. The court has various powers, including requiring the other parent to attend an unpaid work requirement, varying the order, or in serious cases, imposing a fine or committal.
Do I have to go to mediation first?: In most cases, you are required to attend a Mediation Information and Assessment Meeting (MIAM) before applying to court. There are exceptions, including cases involving domestic abuse or child protection concerns. We can advise whether an exemption applies to you.
How long do child arrangement proceedings take?: The court aims to resolve children cases within 26 weeks, though more complex cases can take longer. The timeline depends on factors such as whether expert reports are needed and the court's availability. We work to resolve matters as quickly as possible.
Can I stop my ex from taking our child abroad?: If you have concerns about your child being taken abroad without your consent, we can apply for a prohibited steps order to prevent this. In urgent cases, we can make an emergency application to the court, sometimes on the same day.