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Child Arrangements Solicitors in London
Child arrangements solicitors in London help parents agree, or ask the court to decide, where children live, how much time they spend with each parent and how major decisions are made. Under the Children Act 1989 the child's welfare is paramount. Mediation is usually expected first, and court proceedings are a last resort.
Key pointOnce a child arrangements order names who a child lives with, nobody may take the child out of the UK without everyone's written consent or the court's permission, except that parent for trips of under one month.
At a glance
Welfare is paramount
Under section 1 of the Children Act 1989 the court decides by reference to the child's welfare, applying the statutory welfare checklist in contested cases.
Three section 8 orders
Child arrangements orders, prohibited steps orders and specific issue orders cover where a child lives, steps a parent may not take and single disputed questions.
Mediation usually first
Applicants normally attend a mediation information and assessment meeting before issuing form C100, unless an exemption such as domestic abuse applies.
Travel restrictions apply
With a lives-with order in force, removal from the UK needs written consent or court permission, except trips of under one month by that parent.
Bangladesh outside Hague
Bangladesh is not a party to the 1980 Hague Abduction Convention, so prevention and early protective orders matter for families with Bangladeshi links.
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What child arrangements cover in England and Wales
Child arrangements solicitors in London advise parents and families on where children will live, how much time they spend with each parent and who makes the important decisions about their lives. Most of these questions arise when parents separate, but they also come up between grandparents and parents, in blended families and when one parent wants to move away, including abroad.
The law encourages parents to agree arrangements themselves, and most do. The court becomes involved only when agreement is not possible, when there are concerns about a child's safety, or when a formal order is needed to give certainty. Even then, the court's single focus is the child's welfare, not fairness between the adults.
The issues are practical as well as legal: school runs, holidays, religious upbringing, schooling choices, medical treatment, changes of name and travel. A good arrangement anticipates these and reduces the chance of returning to court.
The legal framework: the Children Act 1989
The governing statute is the Children Act 1989. Under section 1 the child's welfare is the court's paramount consideration, and delay is presumed to be harmful to the child. When deciding a contested application, the court must have regard to the "welfare checklist": the child's wishes and feelings in light of their age and understanding, their physical, emotional and educational needs, the likely effect of any change, their age, sex and background, any harm suffered or at risk, the capability of each parent, and the range of powers available.
The court must also not make an order unless doing so would be better for the child than making no order at all. Where a parent can be involved in a child's life without putting the child at risk, the Act currently presumes that their involvement will further the child's welfare. The government announced in 2026 that it will repeal that presumption, following a Ministry of Justice review published in October 2025, so parents should check whether the change has taken effect before relying on it.
Parental responsibility
Parental responsibility means the rights, duties and authority a parent has for a child. Mothers have it automatically, as do fathers married to the mother at the birth. Unmarried fathers usually acquire it by being registered on the birth certificate, by agreement with the mother or by court order. Step-parents and others can acquire it through a court order. Each holder can generally act alone on day-to-day matters but should consult the other on major decisions.
Section 8 orders
Section 8 gives the court three main orders. A child arrangements order decides with whom a child lives, spends time or otherwise has contact. A prohibited steps order stops a parent from taking a particular step, such as removing a child from school or from the country. A specific issue order resolves a single disputed question, such as which school a child attends or whether they may travel abroad.
Scotland and Northern Ireland
Scotland has its own regime under the Children (Scotland) Act 1995, with different orders and procedures in the sheriff courts and the Court of Session. Northern Ireland applies the Children (Northern Ireland) Order 1995, which mirrors much of the English Act. When a family has links to more than one part of the UK, which court has jurisdiction usually depends on where the child is habitually resident.
Options for reaching child arrangements
There is no single route. Child arrangements solicitors in London will usually help parents choose the least adversarial route that keeps the children safe. The table compares the main options.
| Route | How it works | Best suited to | Limitations |
|---|---|---|---|
| Direct agreement or parenting plan | Parents agree arrangements themselves, often recorded in a written parenting plan | Parents who communicate reasonably and have no safety concerns | Not legally binding; can be harder to enforce if it breaks down |
| Mediation | A trained mediator helps parents reach agreement; a mediation information and assessment meeting is usually needed before applying to court | Most separated parents, including where communication is strained | Not suitable where there is domestic abuse or a risk to the child |
| Solicitor negotiation | Each parent's solicitor negotiates, often by letter or round-table meeting | Parents who want advice and a structured negotiation | Depends on both parties engaging in good faith |
| Arbitration | A family arbitrator decides the dispute privately, and the decision is then usually turned into a court order | Parents wanting a quicker, private decision on a specific issue | Both must agree to arbitrate; not suitable for safety cases |
| Court application | An application on form C100 to the Family Court for a section 8 order | Where agreement fails, urgent protection is needed or an order is required | Slower, more stressful and the outcome is out of the parents' hands |
Government guidance on making child arrangements notes that parents will usually need to show they have tried mediation before applying, and that a government voucher worth up to £500 towards family mediation may be available. There are exemptions, including domestic abuse and urgent cases.
How child arrangements solicitors in London guide the court process
If an application is needed, it is made to the Family Court on form C100. In London, cases are usually heard at the Central Family Court or the East London Family Court. The process below describes a typical case; urgent and safety cases follow a faster route.
- Attend a MIAM. Unless an exemption applies, the applicant attends a mediation information and assessment meeting. The mediator signs the form to confirm attendance or that mediation is not suitable.
- Issue the application. The C100 sets out the orders sought, the reasons and any safety concerns. A court fee is payable unless the applicant qualifies for help with fees. Urgent orders can be sought without notice where there is a real risk.
- Safeguarding checks. Cafcass carries out police and local authority checks and speaks to each parent by telephone, then writes a safeguarding letter for the court.
- First hearing. At the first hearing dispute resolution appointment the court identifies the issues, considers safety, encourages agreement and, if needed, gives directions for evidence.
- Evidence and reports. The court may order statements, a section 7 welfare report from Cafcass or the local authority, and in some cases expert assessments or drug and alcohol testing.
- Dispute resolution appointment. A further hearing tests whether agreement can be reached on the evidence. Many cases settle here.
- Final hearing. If there is no agreement, the court hears evidence and decides, applying the welfare checklist. Where advocacy is required, we instruct specialist family counsel.
The family courts are moving to a new model. Child Focused Courts, previously piloted as the Private Law Pathfinder, use an investigative approach built around an early Child Impact Report. In March 2026 the judiciary welcomed the national roll-out, which is proceeding area by area. Families should check whether their local court has adopted the model, because it changes how the first stages work.
Keep the child at the centre of every message. Courts read emails, texts and social media posts exchanged between parents, and a record of calm, child-focused communication is often more persuasive than any argument made in a statement. It also makes agreement more likely.
Money, enforcement and changing arrangements
Arrangements for time with the children sit alongside arrangements for supporting them financially, but the two are dealt with separately. Child maintenance is usually agreed between parents or calculated by the Child Maintenance Service, and the court's power to order ordinary maintenance is limited where the Service has jurisdiction. The court can still make orders for school fees, additional "top-up" maintenance for higher earners and the costs of a disability.
Where parents were not married, Schedule 1 to the Children Act 1989 allows the court to order financial provision for a child, including housing during the child's minority and lump sums for specific needs. These claims are often important where one parent has significant wealth. Child arrangements solicitors in London will usually consider both aspects together, because the time a child spends in each home affects the practical costs each parent carries.
When an order is not followed
A child arrangements order is binding. If a parent breaches it without reasonable excuse, the other parent can apply for enforcement. The court can order unpaid work, compensation for financial loss or, in serious cases, change the arrangements themselves. It will first try to understand why the order is not working, and may direct parenting programmes or other activities.
Varying an order
Orders often need updating as children grow, parents move or work patterns change. Parents can agree a change informally, but if the order is to reflect it, either can apply to vary it. The same welfare principles apply to a variation as to the original application.
Documents and evidence to assemble
Good preparation shortens proceedings and helps the court understand the child's day-to-day life. Child arrangements solicitors in London will usually ask for the following.
- A proposed arrangement, including school weeks, weekends, holidays, special occasions and handovers.
- School reports, attendance records and any information about special educational needs or health conditions.
- A chronology of the relationship and the arrangements since separation, including what has worked and what has not.
- Messages between the parents that show how decisions have been made and any difficulties.
- Evidence of any safety concerns, such as police reports, medical records, protective orders or witness accounts.
- Information about each parent's home, working pattern and support network.
- Where travel or relocation is in issue, details of the proposed move, schooling and how contact would be maintained.
Risks and common mistakes
Many difficulties in children cases are avoidable. These are the issues we see most often.
Stopping contact without a good reason
A parent who stops the other parent seeing the children, without a genuine safety concern, risks being seen by the court as putting their own feelings ahead of the child's welfare. If there are real worries, they should be raised promptly, through advice, mediation or an urgent application, rather than by unilaterally withholding the children. The court has power to make enforcement orders and, in serious cases, to change where a child lives. Where a safety concern is genuine, documenting it carefully and seeking protection through the proper route carries far more weight than self-help.
Taking a child abroad without consent
Where a child arrangements order says with whom the child lives, section 13 of the Act prevents anyone removing the child from the UK without the written consent of everyone with parental responsibility or the court's permission. The exception is that the person the child lives with may remove the child for less than one month. Without an order, removing a child without consent can be a criminal offence under the Child Abduction Act 1984. Parents planning holidays abroad should obtain written consent in advance, and anyone planning a permanent move needs agreement or a court order.
Ignoring domestic abuse
Courts take allegations of domestic abuse seriously, and a specific practice direction requires the court to identify allegations early and consider whether a fact-finding hearing is needed. Victims are protected from being cross-examined in person by the alleged perpetrator. Raising concerns early and with evidence matters. Equally, unfounded allegations can damage a parent's credibility. Early advice helps a parent present genuine concerns clearly, and helps an accused parent respond appropriately and engage with any assessment the court requires.
Using the children as messengers
Asking children to pass on messages, report on the other household or choose between parents exposes them to conflict and harms their welfare. Courts and Cafcass officers are alert to these behaviours. Children's wishes and feelings are important, but they are gathered by professionals in an age-appropriate way, not by parents. Keeping communication between the adults, through a parenting app or a solicitor if necessary, protects the children and the parent's position.
Treating an agreement as final
An informal agreement can work well, but it is not legally binding and can unravel when circumstances change. A court order gives certainty and can be enforced, but it can also become outdated as children grow. Arrangements should be reviewed as children reach new stages, such as secondary school, and varied by agreement or application when they no longer work. Relying on an old order that both parents ignore creates confusion if a dispute later arises.
International families: relocation, abduction and Bangladesh
Many London families have links abroad. When one parent wants to move with a child to another country, the court decides whether to give permission by applying the welfare principle, weighing the reasons for the move, the plans for the child's life abroad and how the relationship with the other parent would be maintained. Our article on relocating abroad with children explains what courts look for.
The UK is a party to the 1980 Hague Convention on child abduction and the 1996 Hague Convention on child protection, which help secure the return of children wrongfully removed between member states and the recognition of orders. Bangladesh is not a party to the 1980 Convention, according to the Hague Conference status table, so a child taken there cannot be returned through that route.
Proceedings would usually be needed in the Bangladeshi courts, where custody is decided under the Guardians and Wards Act 1890 and personal law. Prevention, through prohibited steps orders, passport arrangements and port alerts where the risk is immediate, is therefore critical. The government's guidance on international parental child abduction sets out the first steps.
Our UK-Bangladesh family team works with TRW & Co colleagues in Dhaka where proceedings or protective steps are needed there. For the Gulf, Singapore, China and EU states, child arrangements solicitors in London need to coordinate with local counsel early, because the speed of action often decides the outcome. Our article on international child abduction covers the urgent steps.
In every children case the question is not which parent wins, but which arrangement gives this child the best chance of a settled and secure childhood.
How TRW & Co helps
We act for parents, step-parents and grandparents. As child arrangements solicitors in London, we aim for agreed, workable arrangements wherever that is safe, and prepare carefully for court where it is not. We do not promise outcomes, because every decision turns on the child's welfare.
Advice and parenting plans
We explain parental responsibility and the options, and help parents record practical arrangements that cover schooling, holidays, communication and future review.
Negotiation and mediation support
We negotiate with the other parent's solicitors and support clients through mediation, preparing them for each session and turning agreements into consent orders where helpful.
Court applications
We prepare and respond to C100 applications, statements and evidence, and manage cases through to a final hearing, with specialist family counsel instructed for advocacy where needed.
Urgent protection
Where there is a risk of harm or removal abroad, we seek urgent prohibited steps orders and other protective measures.
Relocation and travel
We advise on holidays abroad, permanent moves within the UK or overseas and applications for permission to remove a child from the jurisdiction.
International cases
We coordinate with TRW & Co offices and local counsel on cross-border disputes, including Bangladesh, the Gulf and Asia.
Related teams include family law, divorce and immigration, which can matter when a parent's visa depends on a relationship. Our article on the child arrangements order gives a shorter overview. You can browse all of our practices or contact our London office at Holborn Gate, 330 High Holborn, London WC1V 7QH, by email at info@trw.co or on +880 1779 127165.
Checklist for parents
Use this list before you take the next step. Child arrangements solicitors in London will typically work through it with you at the first meeting.
- Do you and the other parent each have parental responsibility, and do you understand what that allows?
- Have you written down a proposed arrangement for term time, holidays and special occasions?
- Have you tried, or considered, mediation, and do you know whether an exemption applies?
- Are there any safety concerns, and have you recorded the evidence?
- Is there any risk that a child could be taken abroad without consent, and are passports secure?
- Do you plan to move house, school or country, and have you discussed it with the other parent?
- If there is an existing order, does it still reflect the children's needs and ages?
If any answer raises a concern, early advice from experienced child arrangements solicitors in London can help you choose the right route and avoid steps that are hard to undo.
Frequently asked questions
01Do I need a court order for child arrangements?
No. Most separated parents agree arrangements themselves, sometimes recorded in a written parenting plan, and the law encourages that. A court order is useful where parents cannot agree, where there are safety concerns, or where certainty is needed, for example because one parent keeps changing arrangements. The court will only make an order if it is better for the child than making no order. An agreed arrangement can also be turned into a consent order if both parents want it formalised.
02Do I have to try mediation before going to court?
Usually, yes. Before applying for a child arrangements order you will normally need to attend a mediation information and assessment meeting, known as a MIAM. There are exemptions, including evidence of domestic abuse, child protection concerns and genuine urgency. Government guidance notes that a voucher worth up to £500 towards family mediation may be available. Mediation is often quicker and less stressful than court, but it is not appropriate in every case.
03How long do court proceedings take?
It varies with the issues, the court's workload and whether reports or fact-finding hearings are needed. Simple cases may settle at the first hearing. Cases needing a welfare report, expert evidence or a fact-finding hearing on allegations of abuse can take many months. The court treats delay as harmful to children and tries to keep cases moving, but parents should plan for a process measured in months rather than weeks if agreement is not possible.
04Can I take my child on holiday abroad?
If a child arrangements order says your child lives with you, you can take them abroad for less than one month without the other parent's consent, unless a court order says otherwise. In other situations, you should obtain written consent from everyone with parental responsibility or the court's permission. Removing a child from the UK without consent can be a criminal offence. Carrying a signed consent letter is sensible, and some countries require one at the border.
05What is parental responsibility?
It is the legal rights, duties and authority a parent has for a child, such as deciding on schooling, medical treatment and religion. Mothers have it automatically, as do fathers married to the mother at the time of the birth. Unmarried fathers usually acquire it by being named on the birth certificate, by agreement or by court order. Each person with parental responsibility should be consulted on major decisions, even if the child lives mainly with the other parent.
06Will the court listen to my child?
The court must have regard to the child's ascertainable wishes and feelings, considered in light of their age and understanding. Older children's views usually carry more weight. Those views are normally gathered by a Cafcass officer or social worker, not by the parents, and children are rarely asked to attend court. A child's wishes are important but not decisive: the court decides what is in the child's best interests overall.
07What if my child is taken to Bangladesh?
Bangladesh is not a party to the 1980 Hague Abduction Convention, so there is no treaty mechanism for a quick return. Action may be needed in the English courts, for example wardship or orders requiring a child's return, and in the Bangladeshi courts, where custody is decided under the Guardians and Wards Act 1890 and personal law. Prevention is far more effective than cure. If you fear removal, seek urgent advice about prohibited steps orders and passport arrangements.
Sources and official materials
- Children Act 1989, section 1 — Welfare principle and checklist
- Children Act 1989, section 8 — Child arrangements and other orders
- Children Act 1989, section 13 — Removal from the UK and change of surname
- Making child arrangements if you divorce or separate — GOV.UK guidance, mediation and court
- Form C100 — Application for a section 8 order
- Cafcass — Children and family court advisory service
- Judges welcome roll-out of Child Focused Courts — Judiciary announcement, March 2026
- HCCH 1980 Child Abduction Convention status table — Contracting states
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.