Family Law.

The Family Court: Children, Separation and Care Proceedings.

The Family Court in England and Wales deals with disputes and applications involving children, family relationships, domestic abuse and financial arrangements following separation or divorce.

The present system was introduced in 2014 to replace the previous arrangement under which family cases were divided between different courts. A single Family Court now handles most family proceedings. However, particularly complex cases may still be heard in the High Court.

Where a case concerns a child, the court's central consideration is normally the child's welfare. The proceedings are not intended to establish which parent has greater rights or to reward or punish either parent.

What Cases Does the Family Court Deal With?

The Family Court deals with matters including:

• Arrangements for where children live and who they spend time with
• Disputes about important decisions affecting a child
• Applications to prevent a parent taking a particular action
• Care and supervision proceedings brought by local authorities
• Adoption
• Domestic abuse injunctions
• Divorce and dissolution
• Financial claims following separation
• Parental responsibility
• Child abduction and relocation

The procedure and legal tests differ according to the type of application.

The Welfare of the Child

When determining most applications concerning a child, the court must treat the child's welfare as its paramount consideration.

The court may consider factors commonly known as the welfare checklist, including:

• The child's wishes and feelings, considered in light of their age and understanding
• The child's physical, emotional and educational needs
• The likely effect of any change in circumstances
• The child's age, background and other relevant characteristics
• Any harm the child has suffered or is at risk of suffering
• How capable each parent or relevant person is of meeting the child's needs
• The range of orders available to the court

The child does not automatically decide the outcome. Greater weight may be given to the views of an older or more mature child, but the court must consider those views alongside the child's wider welfare.

Child Arrangements Orders

The former terms "residence order" and "contact order" were replaced by the child arrangements order.

A child arrangements order can determine:

• With whom a child is to live
• When a child is to live with each parent
• Who a child is to spend time with
• When and how contact is to take place
• Other forms of communication, including telephone or video contact

The change in terminology was intended to encourage parents to focus on practical arrangements for the child rather than ideas of one parent winning residence and the other being awarded contact.

A child arrangements order does not necessarily mean that the child's time must be divided equally. The court will decide what arrangements meet the particular child's needs.

Who Can Apply?

Parents and certain other people with parental responsibility can usually apply for a child arrangements order without first seeking the court's permission.

Other relatives or connected people, including some grandparents, may need permission before making an application. The court will consider matters such as their relationship with the child and whether the proposed application could disrupt the child's life.

Other Orders Concerning Children

Specific Issue Orders

A specific issue order asks the court to decide a particular question concerning a child.

This may include disputes about:

• Which school the child should attend
• Medical treatment
• Religious upbringing
• A change of name
• Taking the child abroad
• Other significant decisions about the child's upbringing

Prohibited Steps Orders

A prohibited steps order prevents a parent or another person with parental responsibility from taking a specified step without the court's permission.

It may be used to prevent:

• The removal of a child from the country
• A change of school
• A change of surname
• A move to another part of the country
• Particular medical treatment
• Contact with a person who may present a risk

Must Parents Attend Mediation?

Before making most applications concerning children, the applicant must usually attend a Mediation Information and Assessment Meeting, known as a MIAM.

At the MIAM, an independent mediator will:

• Explain how family mediation works
• Assess whether mediation may be suitable
• Discuss other ways of reaching an agreement
• Consider whether there are safety or domestic abuse concerns

The requirement is normally to attend the initial assessment meeting, not to reach an agreement or continue with mediation regardless of the circumstances.

Exemptions may apply in situations involving:

• Domestic abuse
• Child protection concerns
• Urgency
• Risk that a child may be unlawfully removed
• A previous relevant MIAM or mediation process
• Other circumstances recognised by the court rules

Mediation may not be appropriate where one person is frightened of the other, there has been controlling behaviour or it would not be possible to negotiate safely or fairly.

What Happens in Mediation?

A mediator does not decide the dispute or force either parent to accept an arrangement. Their role is to help the parties identify the issues and explore whether an agreement can be reached.

Parents may discuss:

• Where the child will live
• Weekday and weekend arrangements
• School holidays
• Birthdays and special occasions
• Travel and handovers
• Communication between the parents
• How future disagreements will be handled

An agreement reached through mediation is not automatically a court order. A solicitor can advise whether it should be recorded in a consent order.

Applying to the Family Court

If an agreement cannot be reached, an application concerning child arrangements is usually made using form C100.

The applicant must provide information about:

• The child and the people involved
• The orders being requested
• Existing court proceedings or orders
• Domestic abuse or safeguarding concerns
• Whether a MIAM has been attended or an exemption applies

The application is then served on the other party, who is allowed to respond.

Cafcass and Safeguarding Checks

The Children and Family Court Advisory and Support Service, known as Cafcass, advises the Family Court about children's welfare in England.

Before the first hearing, Cafcass will normally carry out safeguarding checks. These may include enquiries with:

• The police
• The relevant local authority
• The parties to the proceedings

A Cafcass officer may speak separately to each parent and provide the court with a short safeguarding letter identifying any known concerns.

If further investigation is required, the court may direct Cafcass or another suitably qualified officer to prepare a more detailed report.

The First Hearing

The first court appointment is commonly known as a First Hearing Dispute Resolution Appointment.

At this hearing, the court will consider:

• The issues in dispute
• Any safeguarding concerns
• Whether an agreement can be reached
• Whether further evidence is required
• Whether interim arrangements should be made
• The next steps and timetable

Where it is safe and appropriate, the court and Cafcass may encourage the parents to reach an agreement. If agreement is not possible, the judge or magistrates will give directions for the future conduct of the case.

Domestic Abuse and Child Arrangements

Allegations of domestic abuse must be considered carefully when the court decides whether contact or other arrangements would be safe.

Domestic abuse can include:

• Physical or sexual abuse
• Violent or threatening behaviour
• Controlling or coercive behaviour
• Economic abuse
• Psychological or emotional abuse

The court must consider the effect of domestic abuse on the child and the parent caring for the child. This includes the harm caused by seeing, hearing or experiencing the effects of abuse within the family.

Where important allegations are disputed, the court may hold a fact-finding hearing.

What Is a Fact-Finding Hearing?

A fact-finding hearing is used to decide whether particular disputed incidents occurred.

The court may consider:

• Statements from the parties
• Police and medical records
• Messages, photographs or recordings
• Evidence from witnesses
• Other relevant documents

After making findings, the court will consider what effect they have on the child's welfare and whether contact can take place safely.

The court may order supervised, supported or indirect contact, impose conditions or decide that direct contact should not take place.

Reports and Expert Evidence

The court may ask Cafcass or a local authority to prepare a report dealing with the child's circumstances, wishes, needs and the available arrangements.

Expert evidence is not ordered simply because it might be helpful. In proceedings concerning children, expert evidence must normally be necessary to assist the court in resolving the case justly.

Possible experts include:

• Psychologists
• Psychiatrists
• Medical specialists
• Independent social workers
• Drug or alcohol testing specialists

The court's permission is required before expert evidence can be obtained for use in the proceedings.

The Final Hearing

If the case cannot be resolved, the court will hold a final hearing.

The judge or magistrates may hear evidence from:

• The parents
• Cafcass
• Social workers
• Relevant witnesses
• Any permitted experts

The court will apply the welfare principle and make the order it considers best for the child.

The court may also decide that no order should be made if a formal order would not improve the child's position.

Care Proceedings

Care proceedings are usually started by a local authority where it believes a child is suffering, or is likely to suffer, significant harm.

The local authority must establish the legal threshold for the court to make a care or supervision order. Broadly, the harm or risk of harm must be attributable to:

• The care being given to the child not being what it would be reasonable to expect a parent to provide
• The child being beyond parental control

The start of care proceedings does not necessarily mean that a child will be permanently removed from their family. The court must consider the evidence, the child's welfare and the available options.

What Happens Before Care Proceedings?

Unless the case is urgent, the local authority will normally follow the pre-proceedings process under the Public Law Outline.

The parents may receive a formal letter explaining:

• The local authority's concerns
• What changes are required
• The assessments or support being proposed
• The possibility of court proceedings
• The date of a pre-proceedings meeting

Parents who receive a Public Law Outline letter should obtain specialist legal advice immediately. Legal aid is normally available for advice during this process without the usual financial eligibility assessment.

The 26-Week Timetable

The Family Court must draw up a timetable with a view to completing care and supervision proceedings without delay and, in any event, within 26 weeks from the date the application was issued.

The 26-week period is a statutory objective rather than an absolute deadline that automatically ends the case. The court may extend the timetable where this is necessary to resolve the proceedings justly.

Extensions are considered in periods of up to eight weeks at a time. The court must consider the effect of delay on the child's welfare.

Complex cases may require more time because of:

• Specialist medical evidence
• Assessments of relatives or alternative carers
• Parallel criminal proceedings
• International issues
• New evidence or a significant change in circumstances
• The need to ensure that the proceedings remain fair

Although the legal timetable remains 26 weeks, not all cases are completed within that period. The latest annual figures showed that care and supervision cases completed in 2025 took an average of approximately 38 weeks, with 38% completed within 26 weeks.

Who Represents the Child in Care Proceedings?

A child who is the subject of care proceedings is normally made a party to the case.

The court will usually appoint:

• A children's guardian to represent the child's welfare interests
• A solicitor to conduct the child's legal case

The guardian is independent of the parents and local authority. They will investigate the circumstances, meet with relevant people, and advise the court on the child's welfare.

Interim Orders

The court may make temporary orders while care proceedings continue.

Interim Care Order

An interim care order gives the local authority parental responsibility, shared with those who already hold it.

It may allow the local authority to place the child with:

• A parent
• A relative or connected person
• Foster carers
• Another approved placement

Interim Supervision Order

An interim supervision order allows the local authority to advise, assist and befriend the child without giving it parental responsibility.

The court must consider whether an interim order is necessary. It should not make a final decision about the child merely because temporary arrangements have been put in place.

Possible Outcomes of Care Proceedings

At the end of the proceedings, the court may make:

• No order
• A care order
• A supervision order
• A child arrangements order
• A special guardianship order
• A placement order authorising placement for adoption
• Another order required to protect the child

Removal of a child from their parents must be necessary and proportionate. Where adoption is proposed, the court must be satisfied that the child's welfare requires parental consent to be dispensed with.

Legal Aid in Children Cases

Parents and people with parental responsibility are normally entitled to non-means-tested legal aid when a local authority starts care or supervision proceedings concerning their child.

Legal aid for private disputes between parents is more restricted. It may be available where the applicant meets the financial requirements and can provide prescribed evidence of domestic abuse or child protection concerns.

A family law solicitor can check whether legal aid is available and explain other funding options.

Can a Child Arrangements Order Be Changed?

A child arrangements order can be varied or discharged if circumstances change.

Parents should first consider whether agreement is possible. If not, an application can be made to the court.

The court will again consider the child's welfare rather than simply whether one parent has failed to obtain the arrangement they wanted.

Enforcing a Child Arrangements Order

If a person fails to comply with an order without a reasonable excuse, the other party may apply for enforcement.

The court may:

• Reconsider the arrangements
• Order unpaid work
• Order compensation for financial loss
• Impose conditions
• Vary the order
• Use its contempt powers in serious cases

Enforcement should not be used automatically where non-compliance resulted from genuine safety concerns or circumstances outside the person's control.

Do Parents Have a Right to Equal Time?

There is no automatic legal right to a 50:50 division of a child's time.

The law recognises that, unless the contrary is shown, involvement by both parents will usually further a child's welfare. Involvement can take different forms and does not require equal time or a particular pattern of care.

Where domestic abuse, neglect or another risk is established, the court may restrict or prevent a parent's involvement.

Keeping Children Out of Parental Conflict

Parents should avoid:

• Asking the child to choose between them
• Using the child to pass messages
• Discussing court documents with the child inappropriately
• Criticising the other parent in front of the child
• Preventing agreed contact as punishment for unrelated disputes
• Posting details of the proceedings online

Prolonged parental conflict can itself cause emotional harm. The court will expect parents to separate their disagreements from the child's relationship with each parent wherever it is safe to do so.

Privacy in the Family Court

Family proceedings involving children are generally heard in private. This does not mean that parties are free to publish information about the case.

There are strict restrictions on identifying children, publishing documents and sharing information from family proceedings. Breaching those restrictions may amount to contempt of court or a criminal offence.

Obtain legal advice before discussing a family case with the media or publishing information online.

Speak to a Family Law Solicitor

Seek advice promptly if:

• You cannot agree arrangements for your child
• You are concerned about domestic abuse or child safety
• You have received a court application
• The local authority has started a child protection investigation
• You have received a Public Law Outline letter
• Your child has been removed or placed with another person
• An existing court order is not being followed

A family law solicitor can explain the court process, advise on mediation and represent you in private children or care proceedings.

Disclaimer: Solicitors.com is not a firm of solicitors. Content on this site is provided for general information about the law of England and Wales and is not legal advice. Different rules and court systems apply in Scotland and Northern Ireland. You should obtain advice from a regulated solicitor about your circumstances. Although we aim to keep information accurate and up to date, family law and court procedure can change. Use of this site does not establish a solicitor-client relationship.

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