Child arrangements solicitors

Decisions about where children live, who they spend time with and how the big decisions about their upbringing are made are among the most important any parent can face. They are also among the most emotional.

Wherever possible, these arrangements are best made between parents directly, or with the help of a mediator, without the need for court. When that is not possible, or when there are welfare concerns, the family court can make orders to resolve the dispute.

Every piece of advice we give is framed around what is best for the children, not just what one parent wants. We will tell you what the court is likely to think, not just what you want to hear.

Usually not. Most parents reach arrangements informally between themselves or with the help of mediation. Court should always be the last resort: going to court over children is expensive, slow and damaging to the co-parenting relationship.

We help you negotiate practical arrangements directly with the other parent or through a mediator. We explore every alternative before recommending court proceedings. A formal court order is only needed if you cannot agree, or if one of you wants to make an arrangement legally binding.

Where a child's safety is at risk, we can make emergency applications to the court, sometimes the same day.

Parental responsibility is the legal authority to make decisions about a child's upbringing. Not every parent has it automatically, so understanding who has it and what it means is an important first step.

• Mothers automatically have parental responsibility.
• Fathers have it if they are married to the mother, or if they are named on the birth certificate for births registered after 1 December 2003.
• An unmarried father who is not on the birth certificate can acquire parental responsibility through a Parental Responsibility Agreement or a court order.

Where parents cannot agree, the family court can make orders such as these:

• Child Arrangements Order: sets out where a child lives and who they spend time with. These orders used to be called residence orders and contact orders.
• Prohibited Steps Order: stops a parent taking a particular step without the court's permission, for example taking the child abroad, changing their school or changing their name.
• Specific Issue Order: resolves a particular question about a child's upbringing, such as schooling, medical treatment or religion.

In deciding what is best for the children, the court applies the welfare checklist in Section 1 of the Children Act 1989. The child's welfare is the court's paramount consideration.

You must first consider non-court dispute resolution. This often means attending a Mediation Information and Assessment Meeting (MIAM). We advise on the MIAM requirement and can refer you to accredited mediators where mediation is appropriate.

If agreement cannot be reached, we apply for a Child Arrangements Order. In most contested cases, CAFCASS carries out safeguarding checks and speaks to the parents and children where appropriate. It may also prepare a Child Impact Report with recommendations for the court.

We also advise on relocation applications, cases involving CAFCASS and welfare concerns, and Social Services and court-ordered reports.