When parents separate, the hardest and most emotional decisions are often about children. Where should they live? How much time should they spend with each parent? What happens if parents cannot agree?
At Gordons Partnership, we understand how stressful this can be. Our family law team has many years’ experience helping parents resolve disputes about children. We know that every family is different, but one thing never changes, children’s welfare always comes first.
The Children Act 1989 is the main law that governs decisions about children. Its guiding principle is simple: the court should only make orders if they will promote the welfare of the child. The law is focused on children’s rights, not parents’ rights.
The court can make different kinds of orders, including:
Many people still use older phrases like custody or access. These are no longer used in law. Today, the courts use the term child arrangements.
| Lay Term | Old Term | New Term |
|---|---|---|
| Custody | Residence | Child Arrangements defining who the child lives with. |
| Access | Contact | Child Arrangements defining who the child spends time with. |
Most parents are able to agree arrangements without going to court. But where this is not possible, either parent can apply to the Family Court.
The application is made on a standard form (C100), with a court fee.
Proceedings usually involve up to three hearings. Sometimes extra hearings are needed, for example, to review interim arrangements or deal with urgent applications or decide specific facts.
The court looks at the issues and encourages agreement if possible. If agreement cannot be reached, the court will set out the steps each party must follow and give guidance on what is needed before the case can move forward.
The court reviews evidence and again tries to resolve matters.
If no agreement is possible, the judge makes a binding decision after hearing evidence from both parties.
Court should always be the last resort. It is usually better for parents, and especially children, if arrangements can be agreed outside the courtroom. Mediation can help parents reach a constructive agreement with the support of a trained mediator.
Before starting most court applications, parents are required to attend a Mediation Information and Assessment Meeting (MIAM). This is a chance to consider whether mediation could help. If mediation is not suitable, the mediator confirms this so that court proceedings can begin.
We encourage all parents to give mediation serious thought. Court decisions can feel imposed, and neither parent may get the outcome they wanted. Agreements reached together are often more flexible and longer-lasting.
If mediation is not successful then the process can move on through the courts.
Issues We Commonly Advise On
Our lawyers are experienced in handling sensitive and complex cases, always with the child’s welfare at the centre.
Every family is different, so we start by understanding your situation.
No jargon, no confusion.
Settlement is better for children and parents alike.
If proceedings are necessary, we provide strong representation.
No. The law does not assume either parent is “better.” The only focus is on the child’s welfare and best interests.
Yes, if this is practical and in the child’s best interests. Shared care arrangements are possible.
Not always. Many cases can be resolved through negotiation or mediation. Court is only necessary when agreement cannot be reached.
If you disagree, you can apply for a Prohibited Steps Order. The court will decide based on the child’s welfare and best interests.
It depends. Some cases are resolved in weeks, others take months. Complexity, evidence, and parental cooperation all play a role.
Parents choose Gordons because we combine legal expertise with a genuinely human approach. We know these cases are not about “winning” or “losing”, they are about children’s wellbeing.
If you need advice on any family matter, please do not hesitate to contact our family law team.
If you are facing a dispute about children, or if you simply want early advice about arrangements, we are here to help. You will have direct contact with experienced family lawyers who listen, explain, and act in your child’s best interests.
Gordons Partnership – clarity and confidence in legal advice, from people you can trust.
Call us on 01483 451900
Email Judith Fitton, Mark Studdart, Laura Cavannagh, Liberty Lawson to arrange a confidential conversation.
