Child Law Solicitors

At a Glance

• • Role: We represent parents, guardians, and families in legal disputes regarding the upbringing, living arrangements, and financial support of children.

  • The Law: All advice is governed by the Children Act 1989, which prioritises the child’s welfare above all else (the “Welfare Principle”).

  • Key Orders: We help secure Child Arrangement Orders (formerly custody), Prohibited Steps Orders, and representation in Care Proceedings.

  • Funding: We offer fixed fees for private family disputes and can facilitate Legal Aid for public cases involving Social Services.

A Child Law Solicitor is a specialist family lawyer who represents parents, guardians, or local authorities in legal disputes involving children. This includes resolving Private Law matters (such as Child Arrangement Orders and custody disputes) and Public Law cases (involving Social Services and Care Proceedings).

Which Service Do You Need? Private vs. Public Law

Child law is split into two distinct areas. Identifying which applies to you is the first step in securing the right support and funding.

Feature	Private Law (Family Disputes)	Public Law (Social Services)
Who is involved?	Parent vs. Parent (or Guardian)	Local Authority (Council) vs. Parents
The Main Issue	You cannot agree on child arrangements.	Social Services are concerned about safety.
Funding / Costs	Private Fees (Fixed Fee available).	Automatic Legal Aid is available.
Key Legislation	Children Act 1989 (Section 8)	Children Act 1989 (Section 31)
Common Orders	Child Arrangement & Prohibited Steps Orders.	Care Orders & Supervision Orders.

What is Private Child Law?

Private Child Law typically involves disputes between parents or guardians, rather than intervention by the state or social services. If you are separating or divorcing, the most common legal mechanism used to resolve these disputes is the Child Arrangements Order (CAO).

Under Section 8 of the Children Act 1989, the court’s paramount consideration is the welfare of the child. There is a “No Order Principle,” meaning the court will not intervene unless making an order is better for the child than making no order at all.

Our goal is to help you reach a constructive agreement without stepping foot in a courtroom. However, if litigation is necessary, our nationwide team provides robust representation to secure a stable future for your family.

The Welfare Checklist (Section 1, Children Act 1989)

When making any decision regarding a child, the court must apply the Welfare Checklist. Our solicitors build your case by proving these specific statutory factors:

• The measurable wishes and feelings of the child.
• The child’s physical, emotional, and educational needs.
• The likely effect of any change in circumstances.
• Any harm the child has suffered or is at risk of suffering.

Social Services involved? If the Local Authority has intervened regarding the safety of your child (Care Proceedings), this falls under Public Child Law. You may be entitled to automatic Legal Aid. Call our Emergency Team immediately on 0345 894 1622.

Understanding “Custody” vs “Child Arrangements”

Legal terminology has changed, but the concepts remain similar. The courts no longer use the terms “Custody” or “Access.” Instead, we work with “Child Arrangements Orders” that define exactly how a child splits their time.

Old Term (User Language)	Current Legal Term (The Order)	What It Means Practically
Custody / Residence	“Live With” Order	Determines where the child’s main home is. This parent is usually the “resident parent.”
Access / Visitation	“Spend Time With” Order	Sets out when the other parent sees the child (e.g., alternate weekends, holidays).
Parental Rights	Parental Responsibility (PR)	The legal rights, duties, powers, responsibilities, and authority a parent has for a child.

Resolve your child custody dispute effectively. Call our National Family Law team on 0345 894 1622.

The Legal Process Explained

Download UK Arrangements Order (CAO) Legal Process Diagram

Common Disputes – Holidays, Relocation & Specific Issues

In Private Law proceedings, disputes often escalate beyond just “who the child lives with.” We frequently advise parents on specific, high-conflict scenarios using Prohibited Steps Orders or Specific Issue Orders.

Scenario: The Holiday Dispute

• The Situation: One parent wishes to take the child abroad for a holiday, but the other parent refuses consent, fearing the child will not return.
• The Legal Solution: If you have a “Live With” order, you may take the child abroad for up to 28 days without written consent (though it is good practice to get it). Without this order, you must obtain permission from every person with Parental Responsibility.
• Our Role: We can urgently apply for a Specific Issue Order (to allow the holiday) or a Prohibited Steps Order (to stop the child being removed from the country) depending on your position.

Scenario: Moving to a New Area (Relocation)

How We Help: When moving to a new area with a child, especially if you share custody or the other parent opposes the move, you will need a solid plan. A solicitor can help you draft a detailed “Relocation Proposal” for the court. This proves exactly how the other parent will still get quality time (e.g., offering longer visits during school holidays or sharing travel costs).

The Situation: You want to move within the UK (e.g., for a new job or family support), but the other parent objects because they won’t see the child as often.

The Law: There is no automatic ban on moving within the UK. However, the court can stop you if the move makes the current “Child Arrangements” impossible or unfairly damages the child’s relationship with the other parent.

Why Choose Cartwright King?

When your relationship breaks down, the uncertainty regarding your children, and the pressure of finding the right solicitor to protect them, can be overwhelming.

Here is why parents across the UK trust Cartwright King to guide them through this process:

• National Strength, Local Knowledge: As one of the UK’s largest family law firms, we have the resources to handle complex cases across England and Wales, with solicitors available to attend courts nationwide.
• Resolution Focused: We are members of Resolution, committed to a code of practice that promotes a constructive approach to family issues. We fight for your rights, but we do not “churn” conflict for fees.
• Clear Costing: We offer transparency on costs from day one. For many Private Law matters, we can offer fixed-fee packages so you know exactly where you stand financially.

Secure your position and your child’s welfare. Speak to our Family Law team today.

Frequently Asked Questions

Can I get Legal Aid for child custody disputes?

For Private Disputes: Legal Aid is generally not available for private disputes (divorce/separation) unless there is proven evidence of domestic abuse or the child is at risk of harm. Most private cases are self-funded.

Read more about: Is Legal Aid Available for Family Law Matters?

For Care Proceedings: Yes. You automatically qualify for Legal Aid if Social Services start Care Proceedings, regardless of your income.

Read more about: Legal Aid for Child Care Cases.

What is the difference between Custody and a Child Arrangement Order?

“Custody” and “Access” are outdated terms that are no longer used in UK law. They were replaced by Child Arrangement Orders (CAOs). A CAO determines:

• “Live with”: Who the child lives with (formerly custody/residence).

• “Spend time with”: When the child sees the other parent (formerly access/contact).

Do I have to go to mediation before court?

Yes. Before applying for a court order (C100 form), you are legally required to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies (such as in cases of domestic violence or urgency). We can guide you through this process and help you assess if mediation is a viable route for your family.

Read more about our: Child Inclusive Mediation Services.

At what age can a child decide who they live with?

There is no fixed legal age where a child can choose. However, under the welfare checklist, the court must consider the “wishes and feelings” of the child concerned, considered in light of their age and understanding. Generally, by age 12 or 13, a child’s views carry significant weight, but the court (or CAFCASS) makes the final decision based on safety and welfare.

Read more about our: CAFCASS Solicitors.

What is CAFCASS and why are they involved?

CAFCASS (Children and Family Court Advisory and Support Service) is an independent body that advises the court on what is safe and in the best interests of the child. They perform background checks and may interview parents and children to produce a “Section 7 Report.” Our solicitors prepare you for CAFCASS interactions to ensure the officer accurately records your concerns.

Read more about our: CAFCASS Solicitors.

Need Immediate Advice?

Which Expert Do You Need?

• For Private Disputes (Divorce/Separation): Secure your child’s future. Call our Private Family Team on 0345 894 1622 or request a callback.
• For Social Services Intervention (Care Orders): Urgent Legal Aid advice available. Call our Emergency Care Team immediately on 0345 894 1622.