Child Arrangement Order Solicitors

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Family Law

Child Arrangement Order Solicitors

When a relationship ends, questions about your child’s day-to-day care, their routine, and their long-term wellbeing naturally become your first priority. Whether you are seeking greater clarity around your legal position or need support to resolve a disagreement with the other parent, JMW’s specialist child arrangement solicitors provide clear, strategic guidance tailored to your family’s needs.

Our nationally recognised family law team advises parents and wider family members on all aspects of child arrangements, parental responsibility, and the court process. We assist clients who want to reach constructive agreements wherever possible, and offer assured representation when court proceedings are required.

We have particular experience supporting families with complex circumstances, including international travel considerations, disputes involving education or medical treatment, and situations where safeguarding or communication challenges arise. Whether you need help agreeing a structured routine, understanding your rights, or applying for a child arrangements order, we provide a steady, informed approach that places your child’s welfare at the centre of every decision.

To speak with a dedicated child arrangement lawyer, call JMW on 0345 872 6666, or complete our online enquiry form to arrange a confidential conversation with one of our specialists.

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What Our Clients Say

How JMW Can Help

Our role is to give you clarity, structure and reassurance during what can be an emotionally charged period. Every family’s circumstances are different, and our child arrangement order solicitors take the time to understand your priorities so we can guide you towards a solution that supports your child’s stability and reflects your long-term goals.

Where parents are able to reach an agreement, we help shape those arrangements into a clear and workable plan. When communication is difficult or there are concerns about a child’s welfare, we provide firm, measured support to protect your position and ensure your child’s needs remain central to the discussion.

Our assistance includes:

  • Negotiating arrangements with the other parent, helping you establish routines that are practical, balanced, and tailored to your child’s age, schooling, and emotional needs.
  • Preparing parenting plans that set out how decisions will be made and how time with each parent will be managed.
  • Advising on parental responsibility, including what it means in practice and how it should be exercised when parents are no longer together, and how grandparents may be involved.
  • Representing you in court proceedings, including applications for a child arrangements order, specific issue order, or prohibited steps order where disputes cannot be resolved informally.
  • Supporting clients in cases involving safeguarding or urgent concerns, including domestic abuse, medical decisions, and preventing a child from being taken abroad without consent.
  • Working with international families, including where children may live or spend time overseas, or where there is a risk of child abduction.

Our family law team is recognised in the Legal 500, Chambers & Partners and the Spear’s 500 for its expertise in complex and sensitive children law matters. We act with discretion, professionalism, and a steady focus on achieving arrangements that support your child’s welfare and provide certainty for the future.

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Case Studies

What Should Child Arrangements Cover?

Child arrangements should provide a clear, practical structure for your child’s routine after separation. Whether agreed between parents or set out in a child arrangements order, decisions should support stability, reduce conflict, and reflect your child’s needs as they grow.

Arrangements typically cover:

  • Where the child lives: whether they live mainly with one parent or divide their time between two homes.
  • Time spent with each parent: weekday and weekend routines, school holidays, birthdays, religious or cultural celebrations, and special occasions.
  • Decision-making: how you will approach key issues such as education, healthcare, religion, and childcare, particularly where both parents hold parental responsibility.
  • Communication: how parents will share updates, how changes to arrangements will be agreed, and whether phone or video contact forms part of the routine.
  • Travel and international considerations: passport arrangements, consent for foreign travel, and any planned time abroad.
  • Practical matters: handover arrangements, transport responsibilities, and how new partners or wider family members will be introduced.

Our child arrangement solicitors can help you put these points into a workable, child-focused plan that reflects both your circumstances and your child’s welfare.

What Are Child Arrangement Orders?

A child arrangements order is a legally binding order made by the family court that sets out the practical arrangements for a child’s day-to-day life when parents cannot agree these matters themselves. It replaces the older terms custody, residence and contact and confirms where a child will live, when they will spend time with each parent, and how other forms of contact will take place.

Child arrangements orders can also include more detailed provisions tailored to your family’s circumstances, such as:

  • How the child’s weekly routine will work.
  • Arrangements for school holidays, birthdays, and religious or cultural events.
  • Provisions for indirect contact, such as calls or video contact, where appropriate.
  • Conditions around travel or supervision, depending on the child’s needs.

When the court makes a child arrangements order, its paramount consideration is the child’s welfare. The court will also consider factors such as the child’s age, their wishes and feelings (where appropriate), the parents’ ability to meet their needs, and the impact of any change in routine.

For separated families, a child arrangements order can provide structure and certainty, particularly where communication has broken down or there is a history of conflict.

What Is a Specific Issue Order?

A specific issue order allows the family court to decide upon a particular question about a child’s upbringing when parents cannot agree. These orders focus on a single issue rather than broader day-to-day arrangements.

A specific issue order may be appropriate for disputes involving:

  • Choice of school or type of education.
  • Consent to medical treatment.
  • A child’s religious upbringing.
  • Permission for a child to travel or relocate abroad.

The court will assess what outcome best supports the child’s welfare, considering their individual needs, the practicalities involved, and each parent’s ability to meet those needs.

What Is a Prohibited Steps Order?

A prohibited steps order prevents a parent or another individual with parental responsibility from taking a particular action without the court’s permission. It is often used where urgent intervention is needed to protect a child or prevent a significant dispute from escalating.

Examples include:

  • Preventing a child from being taken abroad.
  • Stopping a change of school without agreement.
  • Restricting contact with certain individuals.
  • Preventing a change to the child’s surname.

These orders can be made on an urgent basis when there is an immediate risk, and the court will consider the potential impact on the child as part of its welfare assessment.

FAQs About Child Arrangement Orders

Q
What is the process of applying for a child arrangements order?
A

The process begins with attending a mediation information and assessment meeting (MIAM), unless an exemption applies (for example, in cases involving domestic abuse or urgent safeguarding issues). If mediation is not suitable or does not resolve the dispute, you can submit a child arrangements order application to the family court.

Once the application is filed, the court will:

  • Notify the other parent and list the case for a hearing.
  • Instruct Cafcass to carry out safeguarding checks.
  • Identify the issues in dispute and decide what further information is required.

Most cases involve one or two hearings before a final order is made. Our child arrangement order solicitors guide you through each stage, prepare your evidence, and represent you in court where needed.

Q
How long does it take to get a child arrangements order?
A

The timeframe varies depending on the complexity of the case and whether there are safeguarding concerns. Many straightforward applications take several months from the first hearing to a final order. More complex cases - particularly those involving allegations of domestic abuse, relocation, or international travel - may take longer because the court needs to gather detailed information before making a decision.

Throughout the process, the court will continue to encourage agreement between the parents wherever possible. Our family law team will help you understand the likely timetable for your case and work to progress matters efficiently.

Q
Do child arrangements orders expire?
A

A child arrangements order normally lasts until the child turns 16, unless the order specifies a different timeframe. Some elements of the order, such as directions about a child’s living arrangements or schooling, may also be revisited if circumstances change. Parents can agree adjustments informally, or the court can vary the order if an application is made.

Q
Are there any fixed rules about who children should live with?
A

The family court does not work from a set of rules or presumptions about where a child should live. Each case is considered individually, and the court is guided by one principle only: the child’s welfare, which is the paramount consideration.

In some families, one parent may have taken on more day-to-day care responsibilities than the other, and this may influence the practical arrangements during the week. In other families, children spend time broadly equally between both homes. There is no single model the court prefers.

If you are unsure how this applies in your situation, our family law solicitors can provide tailored guidance based on your child’s needs and your family circumstances.

Q
How can my ex-partner and I keep the court from becoming involved?
A

The court will only intervene in child arrangements if there is a dispute that cannot be resolved through discussion or negotiation. Even during divorce proceedings, the court does not scrutinise childcare arrangements unless one of you applies for a specific order.

Parents often reach agreements through:

  • Informal discussions.
  • Solicitor-assisted negotiation.
  • Mediation, which can be particularly effective in avoiding conflict.

Except in exceptional situations, parents must attend a MIAM before applying for a child arrangements order.

Q
What if we cannot agree on anything concerning the children?
A

If communication has broken down, there are still several ways to move forward. Many families find mediation helpful, as a specially trained facilitator, usually a family lawyer themselves, will bring the parties together to try and work something out that everyone can live with.

When an issue cannot be resolved through mediation or another form of non-court dispute resolution, either parent can apply to the family court. Even within court proceedings, judges will encourage agreement wherever possible. A contested hearing is usually a last resort.

Q
Can I seek legal advice while going through mediation?
A

It is strongly recommended that you obtain independent legal advice alongside the mediation process. The mediator cannot give you legal advice, so speaking with a solicitor before and between sessions helps you understand your rights, responsibilities, and any proposed arrangements.

Many clients speak to a family law solicitor before mediation to prepare, and again afterwards to discuss progress and next steps.

Q
What rights do I have if I am not married to my child’s mother, but I am on the birth certificate?
A

If the birth was registered or re-registered after December 1st 2003 and you are named on the birth certificate, you automatically have parental responsibility.

If the birth was registered earlier, you do not automatically acquire parental responsibility, but you may obtain it by:

  • Marrying the mother.
  • Entering into a parental responsibility agreement.
  • Obtaining a parental responsibility order from the family court.

Our child law solicitors can advise you on the simplest route based on your circumstances.

Q
Can parental responsibility be restricted?
A

If either parent is unable or unwilling to act in the best interests of a child in a way that could expose them to harm, it is sometimes necessary to seek to restrict the involvement they have with that child. This can also restrict their ability to make decisions in respect of the child’s upbringing, and/or to obtain certain information about the child that they would otherwise be entitled to.

There is no scope in law for the court to remove parental responsibility from a birth mother or a married father, unless their legal parenthood is ended by a parental order (part of the legal process involved in a surrogacy arrangement) or an adoption order, but there are various orders that can be made to restrict a person from exercising their parental responsibility.

Orders used for this purpose include:

  • Prohibited steps orders (preventing certain actions).
  • Specific issue orders (deciding a disputed matter).
  • Protective injunctions in cases involving domestic abuse or safeguarding concerns.

Parental responsibility can be removed from other individuals who hold it (such as a grandparent), or it can be restricted. It is only in very rare circumstances that a court will outright remove parental responsibility from a parent who falls into this category, and the court will consider very carefully what measures are proportionate to balance any risk to the child, against their and their child’s right to family life.

Q
How do I change my child’s surname?
A

A child’s surname can be changed in two ways:

  • By completing a valid change of name deed, where everyone with parental responsibility consents.
  • Through a specific issue order from the court, if parental consent cannot be obtained.

The court considers a surname to be an integral part of a child’s identity and will closely scrutinise any application for a change. There is clear guidance set out in case law regarding when the court will and will not consider it to be in the interests of a child for their surname to be changed. This includes a careful consideration of how the child’s bonds with all of the adults involved in their life can best be respected and maintained. An application should never be made until all of the relevant factors have been carefully weighed up, so that the likelihood of the application succeeding can be assessed.

Talk to Us

Contact our family law solicitors today to find out more about our services and how JMW can help you and your children. Get in touch by either calling us on 0345 872 6666 or by leaving your details via our online enquiry form.

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