Children
Children Law Solicitors
When separated parents cannot agree where a child should live, who they should see or whether they can move away, the family court can decide. This guide explains how that works and how to find a children law solicitor in England and Wales.
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Overview
What this area covers
Children law covers decisions about a child’s upbringing when the adults involved cannot agree, and cases where a local authority is concerned about a child’s welfare. In court, the child’s welfare is the paramount consideration. The wishes of either parent come second to that.
Most disputes are between separated parents, but grandparents and other relatives can also be involved, and in some situations need the court’s permission before applying.
- Parental responsibility
- The legal rights and duties a parent has for a child. Mothers have it automatically; fathers usually do if married to the mother or named on the birth certificate after December 2003.
- Child arrangements order
- A court order saying who a child lives with, spends time with, or otherwise has contact with.
- Cafcass
- The Children and Family Court Advisory and Support Service, which carries out safeguarding checks and reports to the court.
Common situations
When you may need a children law solicitor
- Your former partner is stopping or restricting contact with your child.
- You want to relocate with your child and the other parent objects.
- You are worried about your child’s safety when they are with the other parent.
- Children’s services have contacted you or started proceedings.
- You are a grandparent who has lost contact with a grandchild.
The solicitor’s role
How a children law solicitor can help
A solicitor helps you understand what a court is likely to consider, encourages workable proposals and negotiates with the other parent or their solicitor. If an application is needed, they prepare statements, deal with reports from Cafcass (the service that advises family courts on children’s welfare) and represent you or arrange a barrister.
In care proceedings, parents with parental responsibility are usually entitled to non-means-tested legal aid, and having a specialist solicitor quickly is particularly important.
The process
How a private children case usually runs
- 1
Try to agree
Discussion, solicitor negotiation or mediation. You will usually need to attend a MIAM before applying to court, unless an exemption such as domestic abuse applies.
- 2
Application
If agreement is not possible, an application is made to the family court.
- 3
First hearing
Cafcass safeguarding information is considered and the court looks for agreement or sets directions.
- 4
Reports and final hearing
The court may order further reports before deciding what arrangements are in the child’s best interests.
Costs
What does a children law solicitor cost?
Private children cases are usually charged hourly or in fixed-fee stages. Legal aid is generally unavailable for private disputes unless there is evidence of domestic abuse or child abuse, whereas parents in care proceedings usually qualify.
Costs depend heavily on whether the matter settles early or needs several hearings and expert reports.
Getting ready
What to prepare before contacting a solicitor
- Your child’s full name and date of birth
- The current arrangements and how they have changed
- Any messages or letters about arrangements
- Details of any safeguarding concerns, with dates
- Any existing court orders
- What arrangements you think would work for the child, and why
Choosing a solicitor
Choosing a solicitor
Look for experience of the particular type of case: international relocation and care proceedings are specialist areas. Membership of the Law Society’s Children Law accreditation scheme is one indicator of experience.
Every firm listed on Verified Solicitors is regulated by the Solicitors Regulation Authority. You can compare firms’ profiles, locations and reviews before getting in touch.
Find children law solicitors
Search Verified Solicitors for SRA-regulated firms that handle children law matters, then compare their profiles.
- Verified solicitors
- Regulated firms
- Free to use
Frequently asked questions
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, taking their age and understanding into account.
Can I take my child on holiday abroad?
If someone else has parental responsibility you generally need their consent or the court’s permission, although a person named in a child arrangements order as someone the child lives with can take the child abroad for up to 28 days without that consent, unless another court order prevents it. Get advice before booking if there is a dispute.
Related legal services
The information on this page is general information, not legal advice. The law and procedures can change and how they apply will depend on your circumstances.