Key Takeaways
- A child arrangements solicitor advises and represents parents in disputes about where a child lives and how much time they spend with each parent after separation.
- Solicitors first attempt to resolve disputes through negotiation or direct correspondence, often avoiding the need for court proceedings entirely.
- Before applying to court, most parents must attend a Mediation Information and Assessment Meeting (MIAM), though exemptions apply in cases involving domestic abuse or risk of harm.
- If court is unavoidable, the process typically involves a First Hearing Dispute Resolution Appointment (FHDRA), where a judge will try to help the parties reach agreement.
- The court application fee for a Child Arrangements Order is currently £232.
When parents separate, decisions about the children are often the hardest to reach. Where will they live? How often will they see the other parent? What happens at Christmas, during school holidays or when one parent wants to move? In an ideal world, these things get agreed between the parents. In practice, that’s not always possible.
A child arrangements solicitor exists to help parents navigate exactly this situation. That could mean reaching an agreement without court involvement or representing a parent through proceedings if that can’t be avoided.
In this article, we explain what child arrangements solicitors do, how they handle disputes at each stage and when you should consider getting legal advice. Our family law solicitors at Osbourne Pinner offer a free 30-minute consultation if you would like to talk through your situation.
What Does a Child Arrangements Solicitor Do?
A child arrangements solicitor is a family law specialist who advises and represents parents in disputes about children following separation or divorce. Their job is to protect your position as a parent while keeping the focus on your child’s welfare, which is the court’s paramount consideration in any matter involving children.
In practical terms, a child arrangements solicitor will:
- Advise you on the law
- Explain what a court is likely to decide
- Help you negotiate arrangements with the other parent
- Prepare any court applications
- Represent you at hearings
- Deal with urgent or complex situations such as relocation or enforcement
Good solicitors in this area also help clients understand the emotional landscape. So, what to expect, how long things take and how to manage the process in a way that limits the impact on children.
Step 1: Trying to Reach Agreement Without Court
Court isn’t the first step. In most cases, a child arrangements solicitor will begin by writing to the other parent or their solicitor to set out a client’s position and proposed arrangements. This kind of solicitor-to-solicitor negotiation resolves a significant number of disputes without any court involvement.
Round-table meetings (where both parties and their solicitors sit down together) are also commonly used. These can be effective in cases where communication has broken down but both parents are broadly willing to find a workable arrangement.
Where an agreement is reached, a solicitor can draw this up as a parenting plan. This isn’t a legally binding document, but it gives both parents a clear framework and can form the basis of a consent order if they later want the arrangement formalised by the court.
Step 2: Mediation & the MIAM Requirement
If direct negotiation doesn’t resolve matters, the next step before making a court application is usually a Mediation Information and Assessment Meeting (MIAM). This is a legal requirement in most cases before an application can be issued.
At the MIAM, a trained mediator explains how mediation works and whether it is suitable for the dispute. If both parties are willing to try it, mediation can be a faster and significantly cheaper route to resolution than going to court.
MIAM exemptions do apply. You may not need to attend if there is evidence of domestic abuse, if the child is at risk of harm or if the matter is genuinely urgent. A solicitor can advise whether an exemption applies to your circumstances.
See also: What Is a Child Arrangement Order?
Step 3: Applying to the Family Court
If mediation doesn’t result in agreement, or isn’t appropriate, the next step is to apply to the family court. The application is made using the C100 form, which sets out the nature of the dispute and the order being sought. The current court fee is £232.
Your solicitor will prepare the application, ensure all necessary documents are included and advise on what evidence to gather. In urgent cases, it may be possible to apply for an emergency hearing on short notice. For example, where a parent has taken a child abroad or contact is being refused in a way that is causing harm.
What Happens at Court?
The first hearing in a child arrangements case is usually the First Hearing Dispute Resolution Appointment (FHDRA). This typically takes place within four to six weeks of the application being issued.
At the FHDRA, a Cafcass (Children and Family Court Advisory and Support Service) officer will usually attend. Cafcass will have carried out safeguarding checks beforehand, contacting the police and social services to identify any welfare concerns. Their initial findings will be shared with the judge.
The judge’s aim at this first hearing is to help both parties reach an agreement. If that isn’t possible, the judge will make directions for how the case should proceed. This might include ordering a Cafcass welfare report, setting a timetable for evidence or listing a final hearing.
Straightforward cases can sometimes be resolved at or shortly after the FHDRA. More complex cases can take six to twelve months from application to final order, particularly those involving safeguarding concerns or significant disagreements.
What Is a Child Arrangements Order?
A Child Arrangements Order is a legally binding court order made under the Children Act 1989. It sets out where a child lives, how much time they spend with each parent and the practical arrangements for handovers, holidays and special occasions.
These orders replaced the older terms of residence and contact orders. Once made, both parents must follow the terms. Breach of a Child Arrangements Order is a serious matter and can result in enforcement proceedings, fines or a change to the living arrangements in extreme cases.
Orders can be varied later if circumstances change significantly, for example if a parent wants to relocate or the child’s needs change as they grow older.
What Factors Does the Court Consider?
The court’s overriding principle is the welfare of the child. In reaching a decision, the judge works through a statutory welfare checklist, looking at factors including:
- The child’s own wishes and feelings (taking into account their age and maturity)
- Their physical and emotional needs
- Any harm they have suffered or are at risk of suffering
- How capable each parent is of meeting their needs
There is no automatic presumption of 50/50 shared care. The court decides what arrangement best meets the specific child’s needs. A parent can’t simply refuse reasonable contact without good reason. But equally, 50-50 time sharing is not ordered in every case.
When Should You Instruct a Child Arrangements Solicitor?
The earlier the better. Waiting until a situation escalates often makes it harder to resolve. Common situations where legal advice is valuable early include:
- Disputes about living arrangements or contact schedules
- A parent refusing to allow contact
- Plans to relocate within the UK or abroad
- Concerns about a child’s safety or welfare
- A need to formalise informal arrangements that have been working but are not legally binding
Early legal advice can help you understand your position, explore non-court routes and avoid mistakes that could complicate matters further down the line.
Related: Prohibited Steps Order: What It Is and When to Apply
Speak to a Family Law Solicitor about Child Arrangements
Disputes about children are some of the most emotionally difficult situations a parent can face. Getting clear legal advice early helps you understand your options, avoid unnecessary escalation and make decisions that put your child’s welfare first.
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.
At Osbourne Pinner, our family law solicitors have extensive experience handling child arrangements disputes, from initial negotiations through to contested court hearings. We will advise you on the most effective approach for your situation and represent you at every stage if court proceedings become necessary.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
