Child Arrangement Order Solicitors

Our Child Arrangements Services

Whatever stage your situation is at, from a first disagreement to a contested court application, here’s where our team can help.

What Is a Child Arrangements Order?

A Child Arrangements Order decides where a child lives, called ‘live with’, and how much time they spend with the other parent, called ‘spend time with’. Courts can order shared living arrangements, or a single home base with time spent elsewhere. The ‘live with’ element of an order can last until a child turns 18, unless a court ends it earlier.

Agreeing Arrangements Without Court

Court is a last resort, not a first step. We help parents agree arrangements directly or through mediation, which is usually faster, cheaper and less stressful. Since 2014, most applicants must attend a Mediation Information and Assessment Meeting (MIAM) before applying to court, unless there’s a history of domestic abuse or an urgent child protection concern.

Applying to Court

Where agreement isn’t possible, we prepare and issue the application under section 8 of the Children Act 1989. The court’s paramount consideration is the child’s welfare, assessed against the welfare checklist in section 1(3) of the Act. Cafcass may prepare a report on the family’s circumstances before a final hearing. The court will consider factors including the child’s needs, wishes and feelings (depending on age and understanding), any risks identified and each parent’s ability to meet the child’s needs.

What Happens After a Child Arrangements Application Is Issued?

Once an application has been issued, CAFCASS will usually carry out safeguarding checks and prepare a safeguarding letter for the court. The court will then list a First Hearing Dispute Resolution Appointment (FHDRA), where attempts are made to resolve issues and identify what further evidence, if any, is required. Depending on the issues in dispute, the court may direct statements, a CAFCASS report, expert evidence or a finding of fact hearing before making a final decision.

Cases Involving Domestic Abuse Allegations

Allegations of domestic abuse can have a significant impact on arrangements for children. The court may need to determine disputed allegations before deciding what arrangements are in a child’s best interests. We regularly advise both applicants and respondents in these cases.

Prohibited Steps and Specific Issue Orders

Alongside a Child Arrangements Order, the court can make a Prohibited Steps Order, stopping a parent doing something specific such as changing a child’s school, or a Specific Issue Order, resolving a disagreement such as religion or medical treatment. Both sit under section 8 of the Children Act 1989, alongside the Child Arrangements Order itself.

Relocation Disputes

If one parent wishes to move with a child, either within the UK or overseas, agreement should usually be obtained from everyone with parental responsibility. Where agreement is not possible, the court may need to decide whether relocation is in the child’s best interests.

Urgent Applications

In urgent cases, such as where there are concerns a child may be removed from the jurisdiction or exposed to harm, applications can sometimes be made without notice to the other parent.

Enforcing an Order

If the other parent isn’t complying with an existing order, we can apply to enforce it. The court takes breaches seriously, and has a range of powers, from directing additional time to make up for what was missed, through to, in serious cases, an unpaid work requirement. If circumstances have changed significantly since the order was made, it may be more appropriate to apply to vary the order rather than enforce it.

A Common Misconception: “50/50 Is the Default”

There’s no automatic starting point of equal time, and no presumption that favours mothers or fathers. Every arrangement is decided by reference to what’s best for that particular child, under the welfare checklist in section 1(3) of the Children Act 1989.

How We Support Child Arrangements Cases

Every family’s situation is different, but our approach follows a consistent path, shaped by our Client Service Charter.

1. Your first conversation: We listen to your situation and explain your options in plain English, agreeing a clear scope of work before anything starts.
2. Trying to reach an agreement: Where safe and appropriate, we explore direct negotiation or mediation first, since this is usually quicker and less stressful for everyone, especially children.
3. Court application, if needed: Prepare the right application, whether a Child Arrangements Order, Prohibited Steps Order or Specific Issue Order, and manage the process from issue to final hearing.
4. Staying informed: You’ll have a named contact with a direct dial and mobile number, and every matter is supervised by a Partner or Legal Director.
5. Reaching a resolution: Many cases conclude by consent, without a final hearing. Where a hearing is needed, we prepare thoroughly and represent you robustly.

Why Choose Nelsons for Child Arrangements

Our reputation comes from decades of family law casework in the East Midlands, and from named recognition in the legal directories.

• Verified specialist team: Rina Mistry lists Child Arrangements explicitly among their areas of expertise; Melanie Bridgen regularly handles complex child arrangements proceedings, including cases with an international.
• Recognised by the legal directories: Ranked Tier 1 by The Legal 500 for family law in the East Midlands, with recognition from Chambers and Partners for public and private children law.
• Resolution and Law Society accredited: Our wider team includes Resolution-accredited specialists and Law Society Family and Children Panel members.

Ready to Discuss Your Situation?

Whether you need to formalise an agreement or resolve a dispute, we’ll help you find the most direct route forward.

Call 0800 024 1976 or contact us via our online enquiry form today.