Children's Matters

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The child’s welfare is paramount. Judges use a “welfare checklist” (things like your child’s wishes and feelings, needs, risk of harm, and each parent’s ability to meet those needs) to decide what’s best. 

Child Arrangements Order (CAO)
Says where a child lives and when they spend time with each parent (or other person). 

Specific Issue Order. Asks the court to decide a particular question (for example, which school, surname, medical treatment, holidays abroad if you cannot agree).

Prohibited Steps Order
Prevents something specific (for example, removing a child from school or travelling abroad without consent). 

Travelling abroad? You usually need permission from everyone with parental responsibility (PR) or an order of the court. Without it, taking a child abroad can be child abduction. If a CAO says the child “lives with” you, you can usually travel for up to 28 days without the other parent’s consent (unless a court order says otherwise).
 

1) Try to agree (mediation/negotiation).
Before applying to court you’ll usually attend a MIAM (a short meeting with an authorised mediator to consider mediation or other non-court options). There are exemptions (e.g. domestic abuse/urgency). A government mediation voucher (up to £500) may help with costs. 

2) Apply if you still cannot agree.
Use the online service or Form C100 to seek a Child Arrangements, Prohibited Steps or Specific Issue Order. 

3) Safeguarding checks & first hearing (FHDRA).
Cafcass will speak to both sides, run police/local authority checks and file a safeguarding letter for the court. The first hearing (FHDRA) aims to identify issues, promote agreement where safe, and plan any next steps. 

4) Next steps if not agreed.
The court can order a Section 7 report (Cafcass/local authority), make interim arrangements, list a fact-finding (if abuse is alleged), or timetable a final hearing. 

5) Final order / consent order.
If you reach agreement at any point, we draft a consent order for approval by a judge, making it legally binding. (Same application route.)

• The court must consider risks of harm and follow PD12J in abuse cases.
   
• Victims/witnesses of domestic abuse are automatically treated as vulnerable for participation directions (special measures).
   
• Cross-examination ban: alleged perpetrators and victims cannot cross-examine each other in person; the court can appoint a Qualified Legal Representative (QLR).
   
• Where safety at home is an issue, injunctions (non-molestation/occupation) are available and no court fee is charged.
   

• Court fee: £263 for Children Act applications (CAO/Prohibited Steps/Specific Issue).
   
• Help with Fees (EX160): you may qualify based on income/benefits; apply online or with form EX160.
   
• Mediation vouchers: up to £500 towards family mediation (if the mediator takes part in the scheme).
   
• Our fees are transparent —ask for a quote.
   

• Straight-talking advice on PR, contact, where a child lives, holidays abroad and schooling
   
• MIAM referrals and practical negotiation support
   
• Applications for urgent orders (with or without notice) where necessary
   
• Managing Cafcass stages, statements and evidence
   
• Consent orders when you’ve agreed; robust representation when you haven’t
   
• Sensitive safety planning and PD12J-compliant case strategy
   

Who has Parental Responsibility (PR)?
Mothers have PR automatically. Most fathers also have PR if married to the mother or (in England & Wales) if named on the birth certificate (generally for births registered after 1 Dec 2003). Others can get PR by agreement or order. We’ll explain your options. 

What happens at the first hearing (FHDRA)?
It’s mainly to identify issues, consider settlement (where safe) and set the plan for any reports or hearings. A Cafcass officer is usually involved. 

What if the other parent keeps making repeat applications?
The court can make a Section 91(14) order so future Children Act applications need permission first—used as a protective filter in the child’s interests. 

Can arrangements be enforced if they’re not kept?
Yes. The court can make enforcement orders (and in some cases impose activity requirements or compensation).  

Do I need the other parent’s consent to take my child abroad?
Usually, yes—unless you have an order that the child “lives with” you (then up to 28 days abroad is permitted, unless the court has said otherwise). When in doubt, ask.