Child Arrangement Order Solicitors

We understand that divorce and separation can be very difficult to come to terms with. It can be even more challenging when children are involved, especially when settling into a new routine. Agreeing on the arrangements for your children is one of the most important things to consider during a divorce or separation.

Our specialist child arrangements solicitors will take a caring and pragmatic approach when it comes to sorting out child arrangements. We’re known for robustly applying the law and will always be honest with you about your case and your prospects. We’re often instructed by clients who’ve received advice elsewhere and seek a second opinion.

Whether you need legal advice to find a solution that works for you, or wish to review an existing arrangement, you can trust us to approach your case in an understanding and straightforward way.

Contact our child arrangements team, tell us more about your situation, and we’ll advise how we can help.

How can Irwin Mitchell help with child arrangements?

Our child arrangement solicitors have a wealth of practical and legal experience in this area and can help you with a range of issues, including:

Custody – where your children will live (also known as residence, or “live with” orders)
Access – who they can see and when (also known as contact, or “spend time with” orders)
Financial maintenance – including child maintenance, school fees, and applications pursuant to Schedule 1 Children Act 1989 (financial provision for children outside marriage)
Relocation – whether a parent can move with a child (to a different part of the UK or overseas)
Grandparents’ rights – getting legal access to your grandchildren
Specific issues – such as changing a child’s surname or school or arranging medical treatment when the other parent doesn’t agree.
Parenting plans – where you can record your agreement about the arrangements for your children in writing.

This list isn’t exhaustive, and we can help with a range of child arrangement issues. Contact our team to see if we can help with your situation.

Why choose Irwin Mitchell to help with child arrangements?

We’re recognised as one of the UK's leading family law teams by independent legal guides Chambers & Partners and The Legal 500. Our child arrangements solicitors are among the most experienced in the UK.

We recently acquired Silk Family Law, a well-known and respected family law firm in the UK. Their child arrangement solicitors will join our team and help us continue to provide expert help.

Child arrangements can take a toll on you and your potentially already strained relationship with your ex-partner. Our in-house counsellor, Vicky Lambert, can support you individually to help you build a manageable relationship with your ex. You’ll be offered four free sessions when you use our service; additional sessions can be arranged at a cost.

If you’re recently separated from your partner, you might have questions relating to other areas of your life. We’ve teams that can help with:

Finances – Our Asset Management team are financial experts and can help you with managing your money after a separation.
Will – If you’d like to change your Will after a divorce or separation, our Wills team can offer expert advice on how to do that. You can also use our online Wills writing service.

Whenever you need to meet your solicitor we’ll always work in a way that’s best for you. This could involve you coming to one of our UK offices, or us meeting you at an appropriate location. We can also arrange phone or video calls if that’s easier for you.

Mediation support service – 30-minute consultation

Family mediation is an alternative and flexible way of resolving disputes outside the court arena. It’s often a more cost-effective way of resolving a child arrangement dispute. Here, you and your ex-partner can discuss arrangements for your child in a safe, managed environment in the presence of a neutral, unbiased third party.

We offer a 30-minute consultation where you and your ex-partner can explore whether mediation would be right for you.

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Clare Wiseman Head of Family Law Meet the team

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Child Arrangements - More Information

The process below outlines the key steps required in an application to court for a child arrangements order. However, it doesn’t cover child maintenance, which is a separate matter.

Attempt to reach an agreement out of court – Unless a limited number of exceptions apply, the court will require you to attend a Mediation Information and Assessment Meeting (MIAM) and evidence that you have considered mediation or other forms of non-court dispute resolution (NCDR) before progressing your application. If you can’t settle your dispute through NCDR, then you can apply to the court.
Is the court’s permission required? – Parents don’t need to get the court’s permission before applying. Others may first need to get permission (such as grandparents or extended family members).
Apply to the court - Once the application has been filed at court, it will be processed and copies sent to all relevant parties (such as the other parent). In some very limited circumstances it’s possible to apply for urgent orders without the other party being aware that you have made an application until a temporary order has been made. We’ll discuss this with you if appropriate.
The first court hearing - At this hearing, the judge will explore the issues between you. If an agreement can be reached, then a court order can be made there and then, and the process ends. If you can’t reach an agreement about all the issues, then a further hearing or hearings will be needed.
The second court hearing - The second hearing isn’t always needed – your case may go straight to the final hearing. However, a judge may sometimes ask for this hearing to review the position and see if the remaining issues can be narrowed further or resolved completely ahead of the final hearing.
Final court hearing - At this final hearing, you will have a further chance to present your case. The judge will then make a decision. Often, this decision is given at the hearing, but in complex cases, it may be given at a later date.

In certain circumstances, especially where the issues are complex, additional hearings may be required at different stages of the process.

The judge may also decide that it’s necessary for one or more experts to prepare a report for the court and this will usually be considered at the first or second hearing.

Throughout the court process, your solicitors should continue to negotiate directly with the other party, to see if an agreement can be reached. The court process can usually be stopped at any time if you reach an agreement. It can also be paused if you decide to explore NCDR.

For more detailed information about the court process for child arrangements, please download our fact sheet.

Clare Wiseman is a highly respected family law practitioner. She regularly advises clients on complex financial proceedings, often involving multi-jurisdictional elements.”

Chambers & Partners, 2025

Frequently Asked Questions

How can I minimise the impact of our divorce on our children?

If you’re divorcing or separating from your partner, we know that the impact on your children will be a significant concern. Parents splitting up can bring substantial upheaval for children, both emotionally and in their day-to-day lives.

Our lawyers have good relationships with specialists such as family therapists, counsellors and other children-oriented professionals. We can help you access this support if you’re worried about the impact your divorce is having on you or your children.

Reducing conflict and reaching agreement over the future arrangements for your children amicably will undoubtedly help minimise the impact of your divorce

The court requires you to attempt to agree to your child's arrangements using non-court dispute resolution (NCDR) in the first instance. This could be through mediation or the collaborative process.

There are many advantages to reaching agreement out of court, but in terms of your children, the three main benefits are:

Speed - The process can be a lot shorter than going to court, meaning you can all settle into your new life quicker.
Less stress – It’s less formal, more flexible, and can be much less stressful than going to court.
Better relationship with your ex-partner - Going through a process such as mediation or using collaborative law can help build a good working relationship with your ex-partner going forward.

We understand that discussing practical issues relating to your children with your former partner can be difficult. You may both have different views about what is in their best interests. Our specialist solicitors are experienced negotiators. We can help you to agree on the legal and practical issues surrounding your children – while minimising the impact on their wellbeing.

Will I need to see my former partner?

Ideally it’s better to maintain a good working relationship with your former partner for the benefit of your children. That’s obviously easier to do if you can see and speak to each other about any issues that arise regarding your children’s upbringing.

We understand that the period following the breakdown of a relationship can be difficult. Where you are finding it hard to communicate with your former partner, a process such as mediation can help you negotiate future arrangements for your children.

Mediation involves an impartial third party (a mediator) working with you both to help you come to an agreement. Many couples find that this process helps create the basis for a civil working relationship going forward. Our specialist solicitors can support you through the mediation process, helping you to communicate with your former partner productively.

In some cases, we know that you may not wish to see your former partner for a more serious reason. For example, you may have experienced domestic violence, or fear physical or emotional abuse to yourself or your children. In these instances, it’s possible to go through the court process without seeing your former partner. We’re experienced in representing victims of domestic abuse in court and the courts can be asked to make adjustments to their usual processes to protect victims of domestic abuse.

If your former partner poses a safeguarding risk to the children it may be that the court decides that there should be supported or supervised contact, or no direct contact at all.

We’ve an experienced team of child arrangement lawyers, who take a caring but no-nonsense approach to agreeing arrangements for children. We’ll advise you of your options including whether you’re likely to have to see or speak to your former partner.

If you’re worried about seeing your former partner, either in mediation or in court, our solicitors will be there to support you. We’ll make sure that you and your children’s interests are protected.

Will I have to go to court?

You don’t have to go to court when deciding the arrangements for your children. You don’t even need to get a formal agreement in place if you’ve agreed things amicably between yourselves and there’s no dispute.

However, it can be helpful to document your agreement in writing in case things change between you and your former partner in the future. We can help you do this either informally or via a written Parenting Plan. In some circumstances, you might also wish to get your agreement approved by the court in a child arrangements order, so it becomes legally binding.

Even if you can’t agree between yourselves, you may be able to reach an agreement about child arrangements using an out-of-court process, such as mediation. This involves using an impartial third party (a mediator) to help you and your former partner discuss the issues between you, and help you negotiate a resolution.

The court will usually expect that you’ll have tried to negotiate between yourselves (and to have considered a non-court dispute resolution (NCDR) process such as mediation) before it hears your case. If you can’t settle your dispute out of court, then you’ll have to go through the court process where a judge will decide your case for you.

Our specialist lawyers are experienced in child arrangements and can provide expert advice and support throughout the process.

Do you accept legal aid cases?

Legal aid is only available in a limited number of circumstances to help parents in private disputes over child arrangements.

We are unable to accept legal aid cases. But if we believe that your circumstances make you eligible for legal aid, we’ll refer you to a firm that can help you.

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