Key Takeaways
- Most child arrangements disputes are handled in stages, starting with letters and negotiation. Many never reach court.
- Before applying to court, most parents must attend a Mediation Information and Assessment Meeting, although there are exemptions, including where there’s domestic abuse.
- The court fee to apply for a child arrangements order on form C100 is £270.
- The court decides based on the child’s welfare. A Bill before Parliament would remove the presumption that a parent’s involvement benefits the child, but it isn’t law yet.
When you and your children’s other parent can’t agree, every conversation can start to feel like a battle. Maybe they’ve stopped you seeing the children, or they want to move away. Maybe it’s the slow grind of arguments over weekends, holidays and handovers that never seem to get resolved.
At that point, many parents know they need help but aren’t sure what a solicitor would actually do. Will it go straight to court? How long will it take? Will it make things worse with your ex?
This guide walks through how a child arrangements solicitor handles a dispute, stage by stage, from the first letter to a final hearing and beyond. If you’d like to talk through your own situation, Osbourne Pinner offers a free 30-minute consultation with our child arrangement order solicitors.
What happens when you first instruct a solicitor?
The first step is understanding the dispute properly. Your solicitor will want to know the current arrangements, what’s changed, what each of you wants and whether there are any concerns about the children’s safety. They’ll also check who has parental responsibility, since that affects who can make decisions and who can apply to court.
From there, they’ll give you a realistic view of how a court would be likely to approach things. That matters, because it shapes every step that follows. A proposal grounded in what a judge would probably decide is far more likely to be accepted than one built on what either parent would ideally like.
Disputes are only one part of what these solicitors do. Our guide to the services child arrangement solicitors provide covers the rest, from parenting plans to holidays abroad.
Can a dispute be settled without going to court?
Often, yes. In most cases a solicitor starts by writing to the other parent, or to their solicitor, setting out your position and a proposed arrangement. The tone is measured and constructive. The aim is to move things forward, not to inflame them.
Negotiation then continues by letter, phone or email. Where communication has broken down but both parents are broadly willing to find a way through, a round-table meeting with both parents and their solicitors can help settle the remaining points in one go.
If you reach agreement, your solicitor can record it in a written parenting plan. That isn’t legally binding on its own, but the court can make it into a child arrangements order by consent if you want it to be enforceable.
What has to happen before a court application?
If negotiation doesn’t work, most parents must attend a Mediation Information and Assessment Meeting before they can apply to court. There are exemptions, including where there’s evidence of domestic abuse, where a child is at risk of harm or where the matter is genuinely urgent. Your solicitor can tell you whether an exemption applies.
While this is happening, your solicitor will usually be preparing for the possibility of court. That means gathering the facts, identifying any evidence you’ll need and making sure your proposals are clear and reasonable. Courts pay attention to how each parent has behaved, so a record of sensible offers helps.
How does a court application work?
The application is made on form C100 and the court fee is £270. Your solicitor prepares it, explains the order you’re asking for and makes sure the court has what it needs. Depending on the dispute, that could be a child arrangements order, a specific issue order to resolve one decision, or a prohibited steps order to stop something happening.
Before the first hearing, Cafcass, the service that advises the family court on children’s welfare, carries out safeguarding checks with the police and local authority and speaks to each parent. Its findings go to the judge.
Some courts now use a newer approach that gathers more information about the child at the very start of a case, with the aim of reducing the number of hearings. Your solicitor will explain how your local court works.
What happens at the court hearings?
The first hearing is usually a First Hearing Dispute Resolution Appointment. The judge looks at the Cafcass findings and tries to help you reach agreement. If that isn’t possible, the judge sets out what happens next, which might include a Cafcass report, statements from each parent or a timetable to a final hearing.
If there are serious allegations, such as domestic abuse, the court may hold a separate hearing to decide what actually happened before it decides arrangements. Straightforward cases can settle early. Contested ones can take many months, and delays vary a lot between courts.
Throughout, your solicitor prepares your statements, advises on evidence and represents you at hearings, often alongside a barrister for final hearings. They’ll also keep reassessing whether a settlement is possible, because most cases can still resolve before a final hearing.
How does the court decide?
The child’s welfare is the court’s paramount consideration. The judge works through the welfare checklist in section 1 of the Children Act 1989, which includes the child’s wishes and feelings, their needs, the likely effect of any change and any harm they’ve suffered or are at risk of.
There’s no automatic rule that children split their time 50/50, and the law doesn’t favour mothers or fathers. At present, the court also presumes, unless shown otherwise, that a parent’s involvement furthers the child’s welfare. The government’s Courts and Tribunals Bill would remove that presumption, so each case would be decided on its own facts without that starting point. The Bill is still going through Parliament, so the current law applies for now.
What if the other parent breaks an agreement or order?
A written agreement that isn’t a court order can’t be enforced directly. If the other parent stops following it, a solicitor will usually try to get things back on track by letter first, and apply to court if that fails.
If there’s already a child arrangements order, a solicitor can apply to enforce it. The court will look at why the order has been broken before deciding what to do, and it has a range of powers. Our guide on what happens if a child arrangement order is breached explains the options in more detail.
When should you speak to a solicitor?
The earlier the better. Disputes tend to harden the longer they run, and early advice can stop a disagreement turning into a court case. It’s particularly worth getting advice quickly if:
- The other parent has stopped you seeing the children.
- They’re planning to move with the children, within the country or abroad.
- You have concerns about the children’s safety.
- You’ve received court papers or a letter from their solicitor.
- An informal arrangement that used to work has broken down.
Get help resolving a child arrangements dispute
Disputes about children can drag on for months if nobody takes a clear, practical approach, and every month of uncertainty is felt by the children too. Early advice gives you a realistic view of where you stand and the best route to settling things.
At Osbourne Pinner, our child arrangement order solicitors handle disputes at every stage, from first letters and negotiation to contested hearings and enforcement. We’ll keep the focus on your children, explain your options in plain English and give you a clear view of costs before you commit to anything.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation, Monday to Friday. You can speak with us via video call or visit our offices in Piccadilly Circus, Canary Wharf, Wimbledon, Harrow or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
