Separation brings up a long list of practical questions, and few feel as pressing as “what happens with the children?” Who will they live with? How often will they see the other parent? What if one of you wants to move away, or you simply cannot agree on arrangements?
For most families, these questions get sorted out between the parents, sometimes with help from a solicitor or mediator, sometimes without. But in some situations professional legal help becomes genuinely useful, not just reassuring. This guide explains what a children law solicitor actually does, when getting one involved tends to make a real difference, what happens if parents cannot agree, and how to find the right person to work with.
What Does a Children Law Solicitor Actually Do?
A children law solicitor advises parents on arrangements for their children, helps put agreements into a form that has legal weight, and represents parents in the family court when disputes cannot be settled another way. Some cases also involve a barrister, who is usually instructed by the solicitor to present the case at hearings.
An informal understanding between two parents is not the same as one with legal backing. In England and Wales, the formal version is a child arrangements order, a court order under the Children Act 1989 that sets out who a child lives with and how much time they spend with each parent. The language of “custody” and “access” was replaced years ago, though many people still use those terms. Scotland and Northern Ireland have their own separate legal systems, so if your family’s situation crosses those borders, or involves a co-parent abroad, look for a solicitor with experience in that particular area. Specialist children law solicitors, such as Stowe Family Law, are recognised as leading firms by the independent legal directories Chambers & Partners and the Legal 500. That recognition is a useful starting point when you are trying to judge whether a firm has the standing and depth to handle a complex case.
Situations Where You May Need a Children Law Solicitor
Not every separation needs a solicitor from day one. Plenty of parents agree a parenting plan between themselves and never go near a courtroom. But some circumstances tend to call for professional advice:
- Parents cannot agree on where the children should live or how time should be shared, even after trying mediation.
- One parent wants to relocate with the child, either elsewhere in the UK or abroad. Taking a child out of the UK without the consent of everyone with parental responsibility, or the court’s permission, can be a criminal offence.
- There are concerns about a child’s safety, including allegations of domestic abuse, neglect, or substance misuse.
- An existing child arrangements order is not being followed.
- Parentage or parental responsibility needs to be established or challenged.
- Circumstances have changed enough that an existing order needs varying.
- A grandparent or other family member wants to spend time with the child. They usually need the court’s permission before they can apply.
- A parent’s work, such as Armed Forces deployment or shift patterns, affects their ability to keep to an agreed schedule.
- The family has an international element, such as a co-parent living overseas or a child who may need to travel across borders.
The details of how these play out depend on your circumstances, so a situation that seemed straightforward for a friend might not map onto yours. It’s worth getting advice on your own case before assuming any of the above does or doesn’t apply.
What Happens If Parents Cannot Agree
Before applying to court, a parent usually has to attend a Mediation Information and Assessment Meeting (MIAM) to find out whether mediation could work. There are exemptions, including cases involving domestic abuse or urgency.
If mediation isn’t suitable or doesn’t resolve things, a parent can apply to the family court for a child arrangements order using form C100. Cafcass (the Children and Family Court Advisory and Support Service) carries out safeguarding checks and may be asked to prepare a report on the family’s circumstances. The case then proceeds through one or more hearings. Throughout, the court’s paramount consideration is the child’s welfare, guided by the welfare checklist in the Children Act 1989. The checklist includes the child’s wishes and feelings in light of their age and understanding, their needs, the likely effect of any change, and any risk of harm.
A children’s law solicitor can explain what to expect at each stage and help you prepare. No solicitor can promise a particular outcome, since the court focuses on the child rather than either parent’s preference.
How to Choose the Right Children Law Solicitor
A few things are worth checking before you commit:
- Specialism. Look for someone who focuses on family and children matters rather than a general practice solicitor who handles a bit of everything. Membership of Resolution, whose members commit to a non-confrontational approach, or Law Society accreditation in children’s law is a good sign.
- Experience with cases like yours. Relocation, international cases, and allegations involving a child’s safety each call for a different kind of background.
- Clear communication. You should come away from a first conversation understanding your options, not more confused than when you went in.
- Independent recognition. Directories such as Chambers & Partners and the Legal 500 assess firms on the quality of their work, which gives a useful, independent benchmark.
Stowe Family Law is a specialist family law firm, with a children’s department alongside teams covering international family law, adoption, and related areas, with offices across England and Wales. For a parent facing a complex or contested case, that kind of specialist depth can matter more than convenience alone. The Law Society’s Find a Solicitor service is another reliable place to start your search.
Bringing It Together
Deciding whether to bring in a children law solicitor rarely comes down to a single clear-cut moment. More often you gradually recognise that an issue has become too serious to work through alone, whether it’s a disagreement over arrangements, a planned move, or a cross-border complication. Getting advice early, before positions harden or a dispute escalates, tends to leave parents with more options rather than fewer.
