CHILDREN

We advise parents, grandparents and other family members on arrangements for children following separation or family difficulties.

In any court application concerning a child, the child’s welfare is the court’s paramount consideration. We will explain the legal process clearly and help you consider the options available, including whether an agreement can be reached without court proceedings.

How We Can Help

We can advise on private children law matters, including:

Child Arrangements Orders — deciding where a child lives and the time they spend with each parent or other family members;
Parental Responsibility — rights and responsibilities for making important decisions about a child’s upbringing;
Specific Issue Orders — decisions about a particular issue, such as schooling, medical treatment or taking a child abroad;
Prohibited Steps Orders — preventing a particular step being taken without the court’s permission, such as changing a child’s surname or removing a child from the jurisdiction;
Special Guardianship Orders — where a child is to live with someone other than a parent on a long-term basis; and
disputes involving grandparents or other relatives.

Before Court Proceedings

Before making most private children law applications, the applicant is usually required to attend a Mediation Information and Assessment Meeting, known as a MIAM. A MIAM is a meeting with a mediator to consider whether mediation may be suitable.

There are exceptions, for example where there has been domestic abuse, urgency, safeguarding concerns or other reasons why mediation is not appropriate.

If mediation is not suitable, does not resolve the matter, or the other person does not take part, the mediator may sign the relevant court form so that an application can be made.

Court Applications

If court proceedings are necessary, the application is usually made using Form C100. Where there are allegations of harm or domestic abuse, Form C1A may also be required. The court will then list the case for a first hearing. A court officer from Cafcass may contact the parties before the hearing and carry out safeguarding checks.

The Court Process

The process will depend on the issues in dispute, but it commonly includes:

First Hearing: The court considers the issues and whether agreement can be reached. If agreement is not possible, the court may make directions setting out what must happen next.
Further Evidence or Reports: The court may require statements, safeguarding information, drug or alcohol testing, or a report from Cafcass or another professional, depending on the circumstances.
Dispute Resolution Appointment: The court considers the evidence and tries to help the parties narrow the issues or reach an agreement.
Final Hearing: If no agreement is reached, the court hears evidence and makes a final decision about the arrangements for the child.
Not every case follows the same route. Some matters resolve at an early stage, while others require further evidence or a final hearing.

Our Approach

We will explain your options, the likely procedure and the information needed at each stage. We will also provide clear information about costs before work begins and update you if the position changes.

Key Contacts