Disputes Involving Children

A child arrangement order is a court order that decides where children live and how much time they spend with each parent. It replaced residence orders and contact orders in 2014. The order can specify that children live with one parent and spend time with the other, or it can provide for shared living arrangements. Orders also determine holidays, special occasions, and indirect contact such as phone calls or video chats. The court tailors each order to the family’s specific circumstances, focusing on what best serves the children’s interests.

Not necessarily. Courts encourage parents to resolve disputes through negotiation or mediation. Before applying to court, you must attend a Mediation Information and Assessment Meeting (MIAM) unless mediation is clearly unsuitable. Many cases settle through this process.

If you can’t reach agreement, court proceedings may be necessary. The process involves filing an application, attending hearings, a Cafcass (the Children and Family Court Advisory and Support Service) safeguarding assessment, and ultimately a final hearing where a judge decides. If social services are involved in your case, that may follow a different legal process. See our Cases Involving Social Services page.

Fathers have automatic parental responsibility if they were married to the child’s mother at the time of birth, or if they’re named on the birth certificate. Fathers without parental responsibility can acquire it through a parental responsibility agreement with the mother, a court order, or by marrying the mother. Parental responsibility gives the legal right to make important decisions about a child’s upbringing. It doesn’t automatically determine contact or living arrangements, which depend on the child’s welfare.

Generally no, not without good reason. Both parents normally have a right to maintain contact with their children unless contact would harm their welfare. If your ex-partner is denying contact, you can apply for a child arrangement order specifying contact terms. If there are allegations of domestic abuse or other safety concerns, the court investigates thoroughly. If the court orders contact and your ex-partner continues to refuse, they can be held in contempt of court.

If you want to relocate within the UK or abroad with your children, you need either the other parent’s written consent or permission from the court. Moving abroad without consent when the other parent has parental responsibility is child abduction, which is a serious criminal offence. Courts weigh relocation applications carefully, balancing the benefits to you and the children against the impact on the relationship with the other parent. Factors include your reasons for moving and the children’s own views.

Costs vary depending on complexity and whether you reach agreement or proceed to a final hearing. Costs vary depending on whether your case resolves through negotiation, mediation, or contested court proceedings. We’ll provide a clear cost estimate based on your circumstances.

Children proceedings follow several stages. You file an application and pay the court fee. The court schedules a First Hearing Dispute Resolution Appointment (an initial court session where a judge tries to help you reach agreement) within four to six weeks, where a judge explores whether agreement is possible. Cafcass contacts both parents, carries out safeguarding checks, and may prepare a welfare report.

If no agreement is reached, the court may order further reports and schedule additional hearings. A fact-finding hearing may resolve disputed allegations, followed by a final hearing where a judge makes binding decisions. Timescales vary depending on the complexity of your case and court availability.