Advice and Negotiation
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Family LawChild Arrangements Solicitors
Child Arrangements Solicitors
When parents separate, the questions that matter most are where the children will live, how much time they spend with each parent and who makes the big decisions. RakLAW Solicitors advises parents, grandparents and other family members on children matters in England and Wales.
We help you reach agreement where possible and prepare your case where it is not. Our office is at 42 Shad Thames, near Tower Bridge, and every matter starts with a free 15-minute consultation.
Children Matters Advice for Separated Families
People often ask for a child custody solicitor or a child custody lawyer. In England and Wales the court does not use the word custody: the arrangements are called child arrangements and the orders are made under section 8 of the Children Act 1989.
These pages cover where a child lives, time with each person, parental responsibility, single decisions such as schooling, moving home, travel abroad, and what happens when an order is broken or needs changing. Use the cards or the route finder below to find your page.
Where social services are involved, see our care proceedings and social services pages: the law and funding differ. RakLAW Solicitors is privately funded and does not offer legal aid; see how we charge for family work.
Which Child Arrangements Service Do You Need?
Child Arrangements Orders
Decides who a child lives with, who they spend time with and when: the order most separated parents need.
View Child Arrangements AdviceSpecific Issue Orders
A court decision on one disputed question, such as school, medical treatment, religion or a change of surname.
View Specific Issue Order AdviceProhibited Steps Orders
Stops a particular step being taken without the court's consent, such as removing a child from the country or changing school.
View Prohibited Steps AdviceChildren Matters Route Finder
Find the Right Child Arrangements Service
Answer a quick question and we will point you to the service that best fits your situation. Nothing is submitted and no details are stored.
Understanding Children Law in England and Wales
Every decision a family court makes about a child's upbringing is governed by section 1 of the Children Act 1989. The child's welfare is paramount, delay is treated as likely to prejudice that welfare, an order is made only where it would be better for the child than no order, and in an opposed application the court works through the statutory welfare checklist. It also presumes, unless the contrary is shown, that each parent's involvement (of some kind, not any particular division of time) will further the child's welfare, provided that parent can be involved without risk of harm.
The orders are made under section 8. A child arrangements order regulates with whom a child lives, spends time or otherwise has contact, and when. A prohibited steps order prevents a specified step being taken without the court's consent. A specific issue order determines a specific question about any aspect of parental responsibility.
Under section 10, parents, guardians, special guardians, step-parents with parental responsibility and anyone named in a child arrangements order as a person the child lives with can apply without permission. Some others can apply for a child arrangements order without permission, including anyone the child has lived with for at least three years, provided that period began within the last five years and ended no more than three months before the application, and a relative the child has lived with for the past year (for an order about who the child lives with). Anyone else, including most grandparents, needs the court's permission, which turns on the nature of the application, their connection with the child and any risk of harmful disruption to the child's life.
Evidence and Common Issues
The court's picture comes from the application forms, each parent's statement, the Cafcass safeguarding letter and, where ordered, a section 7 welfare report.
Three problems recur. An informal change to an order cannot be enforced: an agreed change needs a consent order, a disputed one an application to vary. A claimed MIAM exemption must be one the rules recognise, since the court can check it; our MIAM exemptions page lists them. And while a child arrangements order about where the child lives is in force, the child's surname cannot be changed and the child cannot be taken out of the United Kingdom without the written consent of everyone with parental responsibility or the court's permission. The one exception is that a person the order names as someone the child lives with may take the child abroad for less than a month, which GOV.UK puts at up to 28 days.
Where domestic abuse is alleged, Practice Direction 12J requires the court to identify the issue early, decide whether a fact-finding hearing is needed and make no order for contact that exposes the child to an unmanageable risk of harm; see our page on domestic abuse in child arrangements cases. If you are in immediate danger call 999; the National Domestic Abuse Helpline is 0808 2000 247.
Child maintenance is dealt with separately from a child's care and has its own page.
When Legal Advice Is Especially Important
You can apply without a solicitor. Advice makes the greatest difference when:
- one parent plans to move away with the child and the other objects
- your child may be taken out of the country without your consent, where an urgent without notice application is possible
- a child has already been taken abroad: see our international child abduction advice
- allegations of abuse or harm have been made by or against you
- an order is being ignored, or you are accused of breaching one
- you are a grandparent or other relative who needs the court's permission to apply
- you are an unmarried father without parental responsibility: see our page for unmarried parents
- your right to stay in the UK depends on the relationship that has ended: see our family immigration pages
How the Child Arrangements Process Works
Children cases in the London family courts follow the Child Arrangements Programme in Practice Direction 12B of the Family Procedure Rules.
- 01 Free Consultation
You tell us what has happened and what you want for your child; we explain the options and what each involves.
- 02 Agreement Where Possible
We negotiate a parenting plan or agreed arrangements, refer you to a family mediator where suitable, and, where an order would be better for your child than no order, put the agreement to the court as a consent order.
- 03 The MIAM
Before most applications the applicant attends a mediation information and assessment meeting with an authorised family mediator, unless an exemption applies.
- 04 The Application
We prepare form C100, with C1A where harm is alleged, and lodge it. The court fee is published by HM Courts and Tribunals Service, with help with fees for those who qualify.
- 05 Safeguarding Checks
Cafcass checks with the police and local authorities, speaks to each parent and sends the court a safeguarding letter before the first hearing.
- 06 First Hearing
At the First Hearing Dispute Resolution Appointment the judge and Cafcass officer explore agreement; failing that, the court decides whether a fact-finding hearing or section 7 report is needed.
- 07 Resolution or Final Hearing
The court lists a Dispute Resolution Appointment after any report where that is likely to help; remaining issues go to a final hearing, and every child arrangements order carries a warning notice about the consequences of not complying.
How Our Child Arrangements Solicitors Can Help
Applications Prepared Properly
We prepare C100 and C1A forms, MIAM exemption evidence, statements and bundles, and permission applications for grandparents and other relatives.
Representation at Hearings
We represent you at every hearing, from the first appointment to fact-finding and the final hearing, and deal with Cafcass on your behalf.
Urgent Protection
Where a child may be removed from the country or moved without warning we prepare urgent prohibited steps and specific issue applications.
After the Order
We enforce orders that are being broken, seek compensation for financial loss where the law allows, and vary orders that no longer fit.
Why Choose RakLAW Solicitors?
Free 15-Minute Consultation
Every children matter begins with a free conversation about your situation and the options.
A Regulated London Practice
SRA regulated, number 8007405, working from 42 Shad Thames in Southwark, near Tower Bridge.
Solicitor-Led Work
Founded by solicitor Rakesh Prajapati; the same firm handles your matter from first consultation to final order.
Clear Fees, No Legal Aid
We are privately funded and do not offer legal aid; our family law fees page explains how we charge.
The Whole Picture
Divorce, financial settlements, domestic abuse injunctions and immigration questions are handled within the same firm.
Child Arrangements FAQs
Do I need a child custody solicitor or a child arrangements solicitor?
They are the same thing. The family court in England and Wales does not use custody or access; it makes child arrangements orders under the Children Act 1989.
Do I have to try mediation before applying to the family court?
Before most children applications you must attend a MIAM with an authorised family mediator, though you need not go on to mediate. Exemptions include evidence of domestic abuse, urgency and a without notice application.
Who has parental responsibility for a child?
A mother has it from birth, as does a father married to or in a civil partnership with her. An unmarried father acquires it by birth registration on or after 1 December 2003, by agreement with the mother or by court order.
Can I apply for a court order if I am not the child's parent?
Guardians, special guardians, step-parents with parental responsibility and anyone named in a child arrangements order as a person the child lives with can apply as of right, as can anyone the child has lived with for at least three years, for a child arrangements order, if that period began within the last five years and ended no more than three months before the application. Others, including most grandparents, usually need the court's permission first.
What does the court consider when deciding child arrangements?
The child's welfare is paramount. The court applies the welfare checklist in section 1 of the Children Act 1989 and, where a parent can be involved without risk of harm, presumes unless the contrary is shown that their involvement furthers the child's welfare.
Will my child have to go to court or choose between us?
Not usually. A child's wishes and feelings normally reach the judge through Cafcass, whose adviser may meet the child alone but will not ask them to choose between parents.
How much does it cost to apply for a child arrangements order?
The court fee is published in the family court fees list on GOV.UK, with help with fees for people on a low income or certain benefits. Our own charges are on our family law fees page.
Can I take my child abroad without the other parent's consent?
You need the consent of everyone with parental responsibility or the court's permission. If a child arrangements order names you as the person the child lives with, you may take them abroad for less than a month, which GOV.UK puts at up to 28 days, unless a court order says otherwise.
What happens if the other parent breaks the child arrangements order?
You can apply to enforce the order on form C79. The court can order unpaid work if satisfied beyond reasonable doubt that the order was broken, unless the person in breach shows a reasonable excuse, and it can also order compensation for financial loss caused by the breach.
Can a child arrangements order be changed later?
Yes. An agreed change can be put into a consent order for the court to approve; otherwise either of you can apply to vary the order, and the court applies the same welfare test.
Do grandparents have a right to see their grandchildren?
There is no free-standing right, but grandparents can ask the court for permission to apply for a child arrangements order. A grandparent the child has lived with for the past year can apply without permission for an order about who the child lives with.
What is a fact-finding hearing in a children case?
It is a separate hearing at which the court decides whether disputed allegations, usually of domestic abuse or harm, are true. Practice Direction 12J tells the court to decide early whether one is needed to give a factual basis for a welfare report, a risk assessment or the final order.
Related Family Law Services
Speak to a Child Arrangements Solicitor
Whether you need help agreeing arrangements, a court application, or an order enforced or changed, start with a free 15-minute consultation.
Request a call back and tell us briefly what you need advice on.