Family Law
Child Arrangements Barristers
Advice and representation for parents who cannot agree where their children live or how much time they spend with each of them.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
A child arrangements order, made under section 8 of the Children Act 1989, decides who a child lives with and when they spend time with the other parent or someone else important to them. These orders replaced the old language of residence and contact in 2014, and the courts now avoid labels like custody. A shared lives-with order is possible even where the child's time is not divided equally, and it can matter to how a parent feels the arrangement recognises their role.
Every decision is governed by the child's welfare, which is the court's paramount consideration. Section 1(3) of the Act sets out the welfare checklist, including the child's wishes and feelings in light of their age and understanding, their physical, emotional and educational needs, the likely effect of change, any harm they have suffered or are at risk of, and how capable each parent is of meeting their needs. The court presumes that involvement of each parent will further the child's welfare unless there is evidence to the contrary, but that presumption is about involvement, not about any particular division of time.
Courts also try not to make orders unless doing so is better for the child than making none, and they treat delay as harmful. That is why parents must usually attend a MIAM before applying, why the first hearing focuses on safety and agreement, and why many cases end with a consent order. Where they do not, the case can involve allegations of domestic abuse, a Cafcass welfare report and a contested final hearing. Some disputes are about a single decision rather than a pattern of time, such as a change of school or a move abroad, and use different orders.
A Direct Access Barrister can advise you on realistic proposals, help draft the C100 or your response, and represent you at each hearing. You attend the MIAM, file and serve forms, and speak to Cafcass yourself, with your Barrister preparing you for each step.
What Child Arrangements Barristers Do
Applying the Welfare Checklist
Advice on how the court is likely to view:
- Overnight stays for very young children
- Equal or near-equal time proposals
- An older child who refuses to see a parent
- Holidays, birthdays and religious festivals
- Handovers where the parents cannot meet
- Supervised or supported time at a contact centre
Applications and Responses
Your Barrister can draft:
- The C100 application and a clear proposed schedule
- A C1A where there are concerns about harm
- Your response to the other parent's application
- Witness statements focused on the children
- A parenting plan the court can turn into an order
- Draft orders recording agreed arrangements
Your Barrister drafts these documents. You file them at court and serve them as directed.
When an Order Already Exists
Help where an existing order is not working:
- Applications to vary an order as children grow
- Enforcement applications on Form C79
- Responding to an alleged breach
- Arguing for a warning notice or activity direction
- Concerns about a child being alienated from a parent
- Section 91(14) orders restricting repeat applications
What You Handle
As a Direct Access client you:
- Attend a MIAM unless an exemption applies
- Pay the court fee or apply for help with fees
- Take part in the Cafcass safeguarding call
- Keep a diary of time spent, missed visits and handovers
- Exchange statements by the dates the court sets
- Bring the children's school and health information if relevant
How Direct Access Works
- 1
Understanding the Children's Routine
Your Barrister finds out how the children's week works now, what has changed since separation, and any safety concerns, then advises on proposals a court is likely to see as child-focused.
- 2
Trying to Agree
You attend a MIAM, and mediation if suitable. Your Barrister can draft a letter setting out your proposals, which can resolve matters or later show the court you tried to agree.
- 3
Issuing the C100
If agreement fails, you file the C100, with a C1A if harm is alleged. Cafcass then carries out safeguarding checks before the first hearing.
- 4
First Hearing and Directions
At the first hearing the court looks for a safe agreement and, if none is reached, decides what evidence it needs, such as statements, a fact-finding hearing or a welfare report.
- 5
Interim Arrangements
While the case continues, the court can set interim time with each parent. Your Barrister argues for arrangements that keep the relationship going without prejudging disputed issues.
- 6
Resolution
Most cases settle once the evidence is in. If yours does not, your Barrister represents you at the final hearing, where the judge decides the arrangements and makes a final order.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
Do fathers and mothers have equal rights?
The law does not favour either parent because of their sex. The question is always what arrangement best serves the child's welfare. A father who is not married to the mother and is not named on the birth certificate may need to apply for parental responsibility as well as a child arrangements order.
Will the court order 50/50 time?
There is no presumption of equal time. The presumption of parental involvement means the child should have a meaningful relationship with each parent where safe, but the actual schedule depends on the children's ages, school, the distance between homes and how well the parents communicate.
At what age does a child's view decide things?
There is no fixed age. The court gives increasing weight to a child's wishes and feelings as they mature, and a teenager's firm views will usually be very influential. The court will still look at whether a child's views are their own and whether following them is in their interests.
The other parent is not following the order. What can I do?
You can apply for enforcement on Form C79. The court will look at why the order was breached and can vary it, direct parenting programmes, or in serious cases impose unpaid work or other sanctions. Often the court first looks at whether the arrangements need changing rather than punishing a parent.
Can I change an existing child arrangements order?
Yes. You apply on a fresh C100 to vary it, and the court applies the same welfare test. You will normally need to show something has changed, such as a child's age, a house move or a breakdown in the arrangement, and a MIAM is usually needed again.
Can I stop the other parent changing the children's school or surname?
These are decisions that parents with parental responsibility should make together. If you cannot agree, a specific issue order or a prohibited steps order may be the right application rather than a child arrangements order, and your Barrister can advise which fits.
Can a Barrister represent me in a contact dispute without a Solicitor?
Yes. Child arrangements cases are well suited to Direct Access. Your Barrister advises, drafts and represents you, and you deal with Cafcass, file forms and correspond with the other parent between hearings.
What does a child arrangements Barrister cost?
Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Put Forward Arrangements That Work for Your Children
Get advice and representation from a family Barrister who specialises in private law children cases.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.