Private law: disputes between family members
Most arrangements are agreed between parents, sometimes with help from mediation. If agreement is not possible, the family court can make a child arrangements order (deciding who the child lives with and spends time with), a specific issue order or a prohibited steps order. The court's paramount concern is always the child's welfare. Cafcass officers usually prepare reports for the court.
Public law: when the local authority is involved
If children's services are worried about a child, they may start care proceedings. Parents with parental responsibility automatically get legal aid for care proceedings, without a means or merits test. It is very important to have a specialist solicitor from the earliest stage, including any pre-proceedings meeting.
Other children matters
- Adoption and special guardianship orders.
- Parental responsibility and changing a child's name.
- Relocation, including moving abroad with a child.
- International child abduction.
Questions to ask a child law solicitor
- How many cases like mine have you handled recently, and who will do the work day to day?
- How do you charge (hourly, flat fee or contingency), and what will the total be, including expenses?
- What are the main stages, risks and likely timescale?
Frequently asked questions
Do grandparents have rights to see grandchildren?
Grandparents do not have an automatic right, but they can ask the court for permission to apply for a child arrangements order.
Will my child have to go to court?
Children rarely attend court. Their wishes and feelings are usually gathered by a Cafcass officer or social worker.
Is legal aid available for child arrangements?
Usually only where there is evidence of domestic abuse or child abuse and you pass the means test. Mediation may be covered by legal aid.