Child Arrangement Solicitors
If there is a dispute about where your child should live, how much time they should spend with each parent or how important decisions should be made, clear legal advice can help you understand the process. National Legal Service Solicitors provides advice from experienced child arrangements solicitors across England, including support with child arrangements orders, enforcement, variation and urgent applications.
Legal aid may be available for child arrangements cases in qualifying circumstances, especially where domestic abuse is involved. NLS holds a legal aid franchise with the Legal Aid Agency and can assess whether public funding may be available for your case.
The court’s primary consideration is always the child’s welfare. Under the Children Act 1989, when the court determines questions about a child’s upbringing, the child’s welfare is the paramount consideration.
Speak to a child arrangements solicitor today to get clear advice on your options and the next steps for your family situation.
Call 020 3601 5051 or complete our contact form to request free initial advice.
What is a child arrangements order?
A child arrangements order is a court order that sets out who a child lives with, when they spend time with each parent or other named person and when other types of contact take place. This can include overnight stays, school holiday arrangements, handovers, phone calls or other forms of contact.
Child arrangements orders replaced the old residence and contact orders in England and Wales on 22 April 2014. Existing residence or contact orders made before that date may still remain valid, but new applications are usually made as child arrangements orders.
A child arrangements order can cover:
- Where the child lives
- When the child spends time with each parent
- How handovers should take place
- Holiday arrangements
- Indirect contact such as phone or video calls
- Arrangements involving grandparents or other family members where appropriate
- Practical issues where parents cannot agree
The court will focus on what is in the child’s best interests rather than what either parent wants as a personal preference. A solicitor can help you understand how to present your position in a child-focused way and what evidence may be relevant.
Do I need a solicitor for child arrangements?
Not every disagreement about child arrangements needs court proceedings. Some parents can agree arrangements directly or with the help of mediation, but legal advice can still be useful where the situation is complex, communication has broken down or there are safeguarding concerns.
If an application to the Family Court is needed, you will usually need to show that you have attended a Mediation Information and Assessment Meeting, often called a MIAM, before applying. GOV.UK explains that parents can use mediation to agree child arrangements and Practice Direction 12B confirms that for section 8 Children Act 1989 applications, the applicant will usually need to confirm MIAM attendance or specify that an exemption applies.
A child arrangements order solicitor can help you understand:
- Whether mediation should be considered first
- Whether a MIAM exemption may apply
- What application should be made
- How to prepare a clear statement
- What evidence may be relevant
- What to expect at the first hearing
- How Cafcass may become involved
- How to respond if allegations are made
- Whether an order should be varied or enforced
NLS family solicitors can advise at each stage of the process. This may include early advice before an application is made, representation during court proceedings and support where child arrangements interact with divorce, domestic abuse or care proceedings.
Legal aid for child arrangements - do you qualify?
Legal aid may be available for child arrangements cases in qualifying circumstances. This is often relevant where there is evidence of domestic abuse or child abuse and the person applying cannot afford legal costs.
Where someone has evidence that they or their children have experienced domestic abuse and cannot afford legal costs, legal aid may be available. The evidence can come from sources such as the court, police, health professionals, a domestic abuse support service, a refuge manager or children’s services.
Because Legal Aid isn’t automatic, the Legal Aid Agency will usually make an assessment and consider whether the case is within scope, whether the financial eligibility rules are met and whether the merits of the case justify public funding.
NLS can help by:
- Assessing whether legal aid may be available
- Explaining what evidence may be needed
- Advising where domestic abuse affects child arrangements
- Preparing the legal aid application where appropriate
- Explaining whether alternative funding options may be needed
- Advising on linked protective orders where relevant
If you are worried about gathering evidence because it could increase risk, speak to a solicitor before taking any steps. You should not try to obtain documents, messages or records if doing so could put you or your child at risk.
Domestic abuse and child arrangements
Where domestic abuse is alleged or accepted in child arrangements proceedings, the court must consider the impact on the child and the safety of the parent with care. Domestic abuse may be relevant even if the child has not been directly harmed, because children can be affected by seeing, hearing or experiencing the effects of abuse.
Practice Direction 12J sets out how the Family Court should approach child arrangements cases where domestic abuse is raised. It recognises that domestic abuse is harmful to children and can put children at risk of harm, including where they live in a home where abuse is taking place.
The court may consider whether:
- The child or parent is at risk of harm
- Interim arrangements are safe
- Contact should be supervised or supported
- A fact-finding hearing is needed
- Cafcass should prepare a report
- A protective order is also needed
- Further applications could be used to continue abuse
Where allegations of domestic abuse are unresolved, Practice Direction 12J states that the court should not make an interim child arrangements order unless it is satisfied that the order is in the child’s interests and would not expose the child or the other parent to an unmanageable risk of harm.
Child arrangements can also be handled alongside protective orders. If there are concerns about harassment, intimidation or threats, advice may be needed about non-molestation orders as well as arrangements for the children.
What happens if a child arrangements order is breached?
A breach happens when a person does not follow the terms of a child arrangements order. This might include not making a child available at the agreed time, refusing ordered arrangements, changing handover arrangements without agreement or repeatedly failing to follow the order.
Before applying to enforce an order, it is important to look carefully at the wording of the order and what has actually happened. Some arrangements are very specific, while others leave room for practical agreement between parents. A solicitor can help you understand whether there has been a breach and what evidence may be useful.
If a child arrangements order has been breached, the next steps may include:
- Keeping a clear record of missed or changed arrangements
- Checking the exact wording of the order
- Considering whether there is a safeguarding reason for the change
- Seeking legal advice before stopping arrangements yourself
- Writing to the other person where safe and appropriate
- Applying to the court to enforce the order where needed
Applications to enforce a child arrangements order are usually made using Form C79. This form is the application used to apply to the court to enforce a child arrangements order.
The court will consider the circumstances rather than simply treating every missed arrangement in the same way. If there is a reasonable explanation, safeguarding concern or change in the child’s needs, the court may need to consider whether enforcement, variation or another step is appropriate.
Varying a child arrangements order
A child arrangements order can be varied where circumstances have changed and the existing order no longer works for the child’s welfare. This may happen as a child grows older, when school arrangements change, when a parent relocates or where there are new safeguarding concerns.
The court can consider applications to vary or discharge existing orders. This may be appropriate where the current order is no longer practical, safe or suitable for the child’s needs.
Reasons to vary a child arrangements order may include:
- The child’s needs changing with age
- A change in school, health or routine
- One parent moving home
- Repeated problems with handovers
- Safeguarding concerns
- Domestic abuse concerns arising after the order
- The child expressing clear wishes and feelings
- One parent repeatedly not following the order
- Arrangements becoming impractical or unsafe
An application to vary should explain why the current order no longer meets the child’s needs and what arrangement is being proposed instead. The court will consider the child’s welfare and may ask Cafcass to provide safeguarding information or a welfare report before a final decision is made.
What is CAFCASS and what do they do?
CAFCASS stands for the Children and Family Court Advisory and Support Service. In England, Cafcass advises the family courts about the welfare of children and what it considers to be in the best interests of each child.
Cafcass may become involved in contested child arrangements cases and their role includes safeguarding checks, speaking with the adults involved, helping the court understand the child’s welfare needs and preparing a report where the court asks for one.
Cafcass involvement may include:
- Checks with the police and local authority
- A safeguarding letter before the first hearing
- Discussions with the adults who are parties to the case
- Attendance at the first hearing
- A section 7 welfare report if ordered by the court
- Recommendations about arrangements that may support the child’s welfare
The court makes the final decision after considering all the evidence, including any recommendations from Cafcass, together with the child’s welfare before deciding whether to make an order.
Parental responsibility and child arrangements
Parental responsibility means the legal rights, duties and responsibilities a person has for a child. It is separate from child arrangements, although the two issues can overlap in some cases.
Parental responsibility can be relevant to important decisions about a child’s upbringing including education, medical treatment, passports, travel, religion, change of name and other welfare decisions.
A child arrangements order can also affect parental responsibility for some people. For example, Home Office guidance explains that if a child arrangements order says the child must live with someone who does not already have parental responsibility, that person is granted parental responsibility automatically for the duration of the order.
Child arrangements alongside divorce and care proceedings
Child arrangements are often considered alongside other family law issues. Parents may need advice about arrangements for children during divorce, after separation, following domestic abuse or where children’s services are involved.
NLS can advise on child arrangements alongside related legal issues, including support from divorce solicitors where separation or divorce is also being considered. Where children’s services are involved or care proceedings may be considered, NLS child care solicitors can help you understand the process and the possible next steps.
This joined-up approach is often important where divorce and child arrangements need to be considered together, where domestic abuse impacts safe arrangements, or where children’s services are involved in assessing the family or care proceedings are ongoing or being considered. It can also be relevant where a prohibited steps order is needed, where there are concerns about relocation, or where an existing order may need to be changed.
Our solicitors can explain which application is most appropriate and whether separate proceedings may need to be linked or considered together. The right approach will depend on the facts, the urgency and the child’s welfare needs.
Talk to a child arrangements solicitor
If you need advice about a child arrangements order, legal aid, a breach, variation or a dispute involving domestic abuse, National Legal Service Solicitors can help you understand your options. Our advice is confidential and focused on helping you understand the process and the steps that may be available.
Call 020 3601 5051 or complete our form below to request free initial advice from a child arrangements solicitor. NLS has offices across England and can advise on child arrangements alongside divorce, domestic abuse, non-molestation orders and care proceedings.
Frequently asked questions
- What is a child arrangements order?
A child arrangements order is a court order that sets out where a child lives, when they spend time with each parent or another named person and what other contact should take place. It can include practical details such as handovers, overnight stays, holidays and indirect contact.
These orders replaced the older residence and contact orders in England and Wales in 2014. The court’s focus is the child’s welfare and whether an order is needed to support appropriate arrangements.
- How do I apply for a child arrangements order?
An application is usually made to the Family Court using the relevant court form. Before applying, most people need to attend a MIAM unless an exemption applies, such as where there has been domestic abuse or another recognised reason.
A solicitor can help you understand whether court proceedings are necessary, whether a MIAM exemption may apply and what evidence should be included. The court will then consider safeguarding information and decide how the case should progress.
- Can I get legal aid for child arrangements?
Legal aid may be available in qualifying child arrangements cases, especially where there is evidence of domestic abuse or child abuse. You may be able to get legal aid if you have evidence that you or your children have experienced domestic abuse and you cannot afford legal costs.
Eligibility depends on the circumstances, the evidence available and the financial and merits tests. NLS holds a legal aid franchise with the Legal Aid Agency and can assess whether legal aid may be available.
- What happens if my former partner breaches a child arrangements order?
If the other person does not follow a child arrangements order, you may be able to apply to enforce it. Form C79 is the application used for enforcement of a child arrangements order.
Before applying, it is sensible to get advice on whether the behaviour is a breach and whether there may be a reasonable explanation or safeguarding issue. The court will consider the facts and the child’s welfare before deciding what order, if any, should be made.
- Can child arrangements orders be changed?
Yes, child arrangements orders can be changed where there has been a significant change in circumstances or where the existing order no longer supports the child’s welfare. This is usually called varying an order.
Reasons may include a change in the child’s needs, a parent moving home, new safeguarding concerns or arrangements becoming unworkable. The court will consider the child’s welfare and may ask Cafcass for further information.
- What is a prohibited steps order?
A prohibited steps order is a court order that prevents a person with parental responsibility from taking a specific step without the court’s permission. It may be used where there are concerns about a child being moved, taken abroad, removed from school or otherwise affected by a disputed decision.
This type of order is different from a child arrangements order because it focuses on stopping a specific action. A solicitor can explain whether a prohibited steps order, child arrangements order or another application may be more appropriate.
- Do children have a say in child arrangements?
Children’s wishes and feelings can be relevant, especially as they grow older and become more able to express their views. The court will consider those views alongside other welfare factors and will not simply leave the decision to the child.
Cafcass may help the court understand the child’s wishes and feelings where the court asks for a report. How much influence a child’s views have will depend on their maturity, understanding and the facts of the case.