Private Child Arrangements Solicitors
When parents separate, agreeing arrangements for children can be one of the most important issues to resolve. National Legal Service Private Law can help you understand the options for making arrangements about where your child lives and how they spend time with each parent or other important people.
Take a positive step towards clear arrangements for your child.
Shabana Sultana
Child arrangements advice from NLS Private Law
Child arrangements can be difficult to discuss, particularly where there are different views about what should happen next. You may be trying to agree day-to-day care, school-week routines, weekends, holidays, special occasions or how important decisions will be made.
National Legal Service can help you focus on practical arrangements for your child and understand the options available. The NLS Private Law department provides clear, child-focused advice for parents and other people who may have a role in a child’s life.
A child arrangements order is a court order that can set out where a child lives and who they spend time with. It can be made in favour of parents and, in some circumstances, other family members or carers.
Making arrangements for children after separation
Every family is different. Some parents are able to make arrangements between themselves, while others need support to work through disagreements.
The arrangements may cover where your child lives, the time they spend with each parent, contact with wider family members, school holidays, birthdays and handovers. It can also be helpful to think about how you will communicate about school, health appointments, activities and changes to routines.
A clear agreement can give everyone a better understanding of what is expected. It may also need to change as your child gets older or family circumstances develop.
Keeping your child at the centre of decisions
When a court is asked to decide child arrangements, the child’s welfare is its first consideration. The court considers matters including the child’s wishes and feelings, their physical, emotional and educational needs, the effect of changes in their circumstances, any risk of harm and each parent’s ability to meet their needs.
This does not mean that one arrangement will be right for every family. The practical details will depend on your child’s needs, their age, their routine and the circumstances of everyone involved.
National Legal Service can help you consider the arrangements that may need to be discussed and understand the issues that are likely to be important in your situation.
Reaching an agreement where possible
Where it is safe and appropriate to do so, some parents are able to reach an agreement without asking the court to decide. This may involve direct discussion, mediation or another form of non-court dispute resolution.
A Mediation Information and Assessment Meeting, known as a MIAM, is normally required before applying to the family court for a child arrangements order, unless a valid exemption applies. A MIAM gives information about mediation and other ways of resolving a dispute without court proceedings.
Reaching an agreement is not always possible or appropriate. If there are concerns about safety, domestic abuse or a risk of harm, it is important to obtain advice about the options available before taking action.
When parents cannot agree
If agreement cannot be reached, an application to the family court may be needed. Form C100 is used to apply for a child arrangements order, a prohibited steps order or a specific issue order under the Children Act 1989. It can also be used in some circumstances to apply to vary or end an existing order.
At an early hearing, the court will consider what can be agreed, what remains in dispute and whether there are any concerns about a child’s safety or welfare. The court may ask Cafcass to provide information or prepare a report to assist with decisions about the child’s welfare.
The NLS Private Law department can explain the process in clear terms and help you understand what the next stage may involve.
Child arrangements for fathers, mothers and other carers
Child arrangements are not only about one parent’s position. The focus is on the child and the arrangements that meet their welfare needs.
Fathers who are concerned about time with their child can seek advice about the options available. Mothers, fathers, grandparents, step-parents and other people with a role in a child’s life may also need to understand their legal position.
Whether a person can make an application, or needs the court’s permission first, will depend on their relationship with the child and the circumstances of the case.
Changing or enforcing child arrangements
Children’s needs and family circumstances can change. An existing arrangement may no longer work because of a move, changes to school or work routines, a new relationship or concerns about how the arrangements are being followed.
Where both people agree, they may be able to make a different arrangement. If a change needs to be legally binding, a consent order can be considered. If agreement cannot be reached, it may be possible to ask the court to vary an existing order. A court can also be asked to enforce an order where it is not being followed, although the court will consider the circumstances of the case and the child’s welfare.
Shabana Sultana - Head of Private Family Law
Shabana has spent more than 26 years working solely in family law and can conduct with confidence all private family cases of every description. She specialises in financial matters following divorce and private Children’s matters with a focus on international child relocation cases are the heart of her practice. She is a natural problem solver always thinking creatively and outside the box to achieve successful outcomes for her clients. Her clients praise her for being a master negotiating who is never phased by the noise of her opponents, and this has meant she can boast a strong record of achieving out of court settlements.
Shabana works alongside an impressive team of carefully selected experts who lead with discretion and expertise including accountants, auditors, from pension actuaries to surveyors and private investigators. Twenty-six years in practice have given her a strong network of family law barristers who time after time deliver the results her clients want.
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Child Arrangement FAQs
- What is a child arrangements order?
A child arrangements order is a court order that sets out where a child lives and who they spend time with. The order may contain detailed arrangements, or it may leave certain practical details for the adults involved to agree.
- Do I need a court order for child arrangements?
Not always. Some parents are able to agree arrangements without going to court. If agreement is not possible, or an agreed arrangement needs to be formalised, legal advice can help you understand the options available.
- How do I apply for a child arrangements order?
An application is usually made using Form C100. Before applying, you will normally need to attend a MIAM unless a valid exemption applies.
- Do fathers have rights to see their children?
There is no automatic outcome in child-arrangements cases. The court’s focus is on the child’s welfare and the circumstances of the individual family. A father who is concerned about arrangements for their child can seek advice about their options and legal position.
- Can a grandparent apply for a child arrangements order?
Grandparents and other family members may be able to apply, but whether they need the court’s permission first depends on the circumstances and their connection with the child.
- What if the other parent does not follow a child arrangements order?
You may be able to ask the court to enforce an existing order. The court will consider why the order has not been followed and whether enforcement would be appropriate in the circumstances.
- Can an existing child arrangements order be changed?
Yes. If circumstances change, an order can be varied by agreement or, where agreement is not possible, through a further application to the court.
- Is child maintenance included in a child arrangements order?
Child maintenance and child arrangements are separate matters. Child maintenance concerns financial support for a child, while child arrangements concern where a child lives and the time they spend with each parent or other people.