Children Law Service
Child Arrangements Order Solicitors
When contact has stopped, a child has not been returned, or you have received a C100, get advice focused on your child's safety and the next practical step. BCW Solicitors advises parents on applications, responses, urgent arrangements and whether Legal Aid may be available.
My ex is stopping me seeing my child
If the other parent has stopped contact, keep a dated record of missed time, messages and attempts to resolve the problem. Avoid confrontations or repeatedly turning up unannounced; the court will want to understand the child's experience and any safeguarding reasons being raised.
If there is no court order, advice may focus on reaching a safe, workable arrangement or applying for a Child Arrangements Order. If an order already exists, your solicitor can consider enforcement or a variation, taking account of the child's welfare and the reasons contact has stopped.
My child has not been returned
Act promptly if a child has not been returned at the agreed time or is being kept in breach of an order. Keep messages and a clear timeline, check the exact wording of any order, and tell your solicitor where the child is believed to be and whether there is an immediate safety concern.
The right response depends on the order and circumstances. An urgent application, enforcement or a prohibited steps application may need to be considered. Do not try to recover a child by force. Contact the police if there is immediate danger or a specific criminal or abduction risk, and get urgent family-law advice.
I want my child to live with me
A Child Arrangements Order can say who a child lives with and when they spend time with another person. The court decides by applying the child's welfare as its paramount consideration; it does not automatically prefer one parent. The child's needs, routine, wishes and feelings where appropriate, safety and each proposed carer's ability to meet those needs may all matter.
Prepare a practical proposal covering school, health, handovers, communication and the child's relationship with important people. If the child already lives with the other parent, consider how a change could be managed safely and with the least disruption.
The other parent wants to move away
A proposed move can affect a child's home, school, relationships and time with each parent. First establish where the move is proposed, when it may happen, who has parental responsibility and whether a court order already sets out where the child lives or limits travel.
If agreement is not possible, the court may need to decide the arrangements or a specific issue. If a move is imminent and you fear the child may be taken away or contact disrupted, get urgent advice about whether an interim order or Prohibited Steps Order is appropriate. Do not assume that a domestic move and an international relocation follow identical rules.
There are allegations of domestic abuse
Allegations of domestic abuse can affect how contact, handovers and communication are arranged. The court must consider relevant risk to the child and the people involved. Abuse may include physical violence, threats, coercive or controlling behaviour, harassment and financial abuse.
Tell your solicitor about immediate safety concerns and provide relevant evidence, such as police information, medical records, messages, photographs or existing protective orders. The court may need to decide disputed facts before making longer-term arrangements. Safe contact or handovers may require specific safeguards; do not contact the other parent if doing so would put anyone at risk.
Cafcass is involved
Cafcass is the Children and Family Court Advisory and Support Service. In many private children applications, Cafcass completes safeguarding checks and may speak to each parent before the first hearing. A safeguarding letter or recommendation is not the court's final decision; the judge considers it alongside the other evidence.
Be clear and factual when speaking with Cafcass. Explain specific welfare or safety concerns, provide relevant information and focus on arrangements that would work for the child. If you disagree with a recommendation, identify the exact point and evidence, and raise it through the court process rather than treating the recommendation as an order.
I have received a C100
A C100 is the application form used to ask the Family Court for certain orders about a child, including a Child Arrangements Order, Prohibited Steps Order or Specific Issue Order. Read the application and all notices carefully: they explain what the other person is asking the court to decide and give important hearing and response information.
Contact a solicitor promptly and send the complete papers, including any hearing notice and allegations or safeguarding documents. Check what response forms or evidence the court requires and the relevant dates. Do not ignore the application even if you disagree with it or hope to reach an agreement.
I need an urgent Child Arrangements Order
Urgency depends on what is happening to the child and whether waiting for the usual process would create a real risk or make the application ineffective. Explain what has happened, what decision is needed, the deadline and what evidence supports the concern. The court may list an urgent hearing or make interim directions where appropriate.
An application without notice to the other parent is exceptional and must be justified; the judge decides whether it is appropriate. Be prepared to give the court full and accurate information, including facts that do not support your case. If anyone is in immediate danger, contact emergency services as well as seeking legal advice.
Prohibited Steps Orders
A Prohibited Steps Order can prevent a person from taking a specific step about a child without the court's permission. Depending on the evidence, it may address a concrete risk such as a proposed removal, travel, school change or another major decision. The application should explain precisely what action needs to be prevented and why that restriction is in the child's welfare interests.
If the risk is immediate, tell your solicitor when the step is expected and provide supporting messages or documents. The court decides whether an interim order is justified and whether the other parent should have notice before a hearing.
Specific Issue Orders
A Specific Issue Order asks the court to decide a particular question about a child's upbringing when people with parental responsibility cannot agree. Disputes can concern schooling, medical treatment, a name, religion, travel or another defined decision.
Explain the exact decision needed, why agreement has failed and what outcome you say best meets the child's needs. The court focuses on the child's welfare, not on deciding which parent has won the disagreement.
Legal Aid for Child Arrangements
Legal Aid is not automatic for a private Child Arrangements Order case. It may be available where the case falls within scope, for example in some matters involving qualifying domestic abuse evidence or a child at risk of harm. Means and merits tests, evidence requirements and other conditions may apply.
A solicitor must assess your circumstances and documents before confirming whether funding is available. Send any C100 or existing order, relevant domestic-abuse or safeguarding evidence, and information about your finances. Ask us to check eligibility before booking a paid consultation.
Common questions
Do I need a MIAM before applying?
A Mediation Information and Assessment Meeting is usually required before a private children application, but exemptions can apply, including in some urgent or domestic-abuse cases. Check the rules for your circumstances before filing.
Can my child decide which parent to live with?
The court may consider a child's wishes and feelings in light of their age and understanding, alongside all other welfare factors. A child does not simply make the legal decision.
Is Legal Aid available for every Child Arrangements Order?
No. Private children funding depends on scope, evidence and financial or merits requirements unless another funding route applies. A solicitor can check your documents and circumstances.
What should I send a solicitor?
Send any C100, hearing notice, existing order, relevant messages or records, safeguarding or domestic-abuse evidence, and a short timeline of what has happened.