Child Contact & Residence
At Descartes Solicitors, our experienced Family Law Team understands how important it is for parents to maintain strong and meaningful relationships with their children after a separation.
Disputes about where a child should live or how much time they should spend with each parent can be emotionally challenging and stressful. Our team offers clear, practical, and compassionate legal guidance to help you reach a fair arrangement that protects your child’s wellbeing and your parental rights.
Call us on 020 8995 3556 for immediate help and assistance.
We are here to help you in person, by phone, or online.
What Is a Child Arrangements Order?
A Child Arrangements Order is a court order that determines the practical arrangements for a child after parents separate.
It regulates where a child will live, how often they will see each parent, and what form that contact will take. The order can cover living arrangements, regular contact, overnight stays, supervised contact, or indirect contact such as letters, emails, or video calls.
Our Family Law Team provides advice on all aspects of child arrangements, ensuring that your child’s best interests remain the top priority.
What Is the Process of a Child Arrangements Order?
In many cases, parents can reach an agreement about contact and residence without going to court. When this isn’t possible, an application for a Child Arrangements Order may be necessary.
Before applying to the court, most people must attend a Mediation Information and Assessment Meeting (MIAM) to explore whether mediation could help resolve the dispute. This step is intended to encourage cooperation and avoid unnecessary court proceedings. There are, however, exceptions — for instance, where there are concerns about domestic abuse or the child’s safety.
If mediation is not appropriate or does not succeed, an application is made to the family court, setting out details of the children, parents, and the orders being sought. The court will then arrange a First Hearing Dispute Resolution Appointment (FHDRA) to begin considering the case.
What Happens at the First Hearing?
At the first court hearing, the judge and advisers will explore the issues in dispute and encourage both parties to reach an agreement if possible. If an agreement cannot be reached, the court will identify the remaining issues and decide how the case should proceed.
The court may direct further evidence, such as written statements or reports from professionals. In some cases, the judge may ask CAFCASS (Children and Family Court Advisory and Support Service) to prepare a report to help the court make an informed decision.
Will I See My Child After the First Hearing?
Whether contact begins immediately after the first hearing depends on the circumstances. The court’s main consideration is always the child’s welfare.
In some cases, the court may allow limited or indirect contact, such as phone or video calls, until a full assessment or report has been completed. The goal is to reintroduce or maintain contact in a way that ensures the child’s emotional and physical wellbeing.
What Is CAFCASS?
CAFCASS stands for the Children and Family Court Advisory and Support Service. It is an independent organisation that represents children’s interests in family court proceedings.
When parents are in dispute over child arrangements, CAFCASS officers may conduct background checks, interview the parties involved, and assess any safeguarding concerns. They usually prepare a short report known as a Safeguarding Letter before the first hearing.
In more complex cases, the court may request a detailed report from CAFCASS to assist in reaching a final decision. This report provides recommendations about what arrangements are in the best interests of the child.
What Is Parental Responsibility?
Parental responsibility refers to the legal rights, duties, and authority that a parent has in relation to their child and their property.
It includes making decisions about where a child lives, their education, religious upbringing, medical treatment, discipline, and day-to-day welfare. It also covers responsibilities such as providing a home, maintaining the child, and consenting to key matters including passports, school enrolment, and medical procedures.
Our Family Law Team can advise you on your parental rights and how to exercise them effectively.
Do I Have Parental Responsibility for My Child?
Mothers automatically have parental responsibility. Married fathers also have parental responsibility automatically.
Unmarried fathers have parental responsibility if they are named on the child’s birth certificate. In other cases, parental responsibility can be granted through a Parental Responsibility Agreement or a court order.
If you are unsure about your legal rights or responsibilities, our Family Law Team can clarify your position and guide you through any necessary applications.
How Long Does a Child Arrangements Order Last?
A Child Arrangements Order stating who a child lives with usually remains in force until the child turns 18, unless the court specifies an earlier date.
An order regulating contact between a child and another person normally lasts until the child turns 16, although in some circumstances it can continue until the age of 18.
The court retains the power to vary or discharge the order if circumstances change and it is in the child’s best interests to do so.
Who Can Apply for a Child Arrangements Order?
A range of people can apply for a Child Arrangements Order, including parents, guardians, or special guardians of the child. Step-parents who have parental responsibility, or anyone with whom the child has lived for at least three years, may also apply.
Our Family Law Team can advise you on your eligibility to apply and guide you through the process from start to finish.
How Does the Court Decide What Should Happen?
The court’s overriding concern is always the welfare of the child. Under the Children Act 1989, the court considers a range of factors known as the “welfare checklist.”
These include the child’s wishes and feelings (depending on their age and understanding), their physical, emotional, and educational needs, and the likely effect on the child of any change in circumstances.
The court also looks at the child’s age, background, and any relevant characteristics, as well as any risk of harm the child has suffered or may suffer. The ability of each parent to meet the child’s needs is also carefully considered.
Every decision the court makes is focused on ensuring the child’s welfare, safety, and happiness are protected above all else.
Why Choose Descartes Solicitors
At Descartes Solicitors, our Family Law Team has extensive experience in handling child contact and residence matters with professionalism and sensitivity.
We work closely with our clients to help them achieve arrangements that support their children’s best interests while preserving positive family relationships wherever possible.
We handle every case with discretion, empathy, and determination, ensuring that your voice is heard and your child’s welfare remains the central focus.
Our commitment to excellence and our proven track record in family law make us a trusted choice for parents seeking legal guidance and representation.
Descartes Solicitors
First Floor, 152 Chiswick High Road
London W4 1PR
Telephone: 020 8995 3556
Email: info@descartessolicitors.co.uk
If you need advice or representation in matters concerning child contact or residence, contact our Family Law Team today for professional and confidential assistance.