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Applications to court for children

Reaching an out-of-court agreement with your ex-partner about your children is not always possible

Trust our child and family law experts to help you make a successful application to court for your child or children

Call 01572 490 660

Next Steps

Request Free Discovery Call

Please provide your contact information, and we will organise a complimentary, commitment-free discovery call at a time that works best for you.

Applications to court for children

Reaching an out-of-court agreement with your ex-partner about your children is not always possible

Trust our child and family law experts to help you make a successful application to court for your child or children

Call 01572 490 660

Next Steps

Request Free Discovery Call

Please provide your contact information, and we will organise a complimentary, commitment-free discovery call at a time that works best for you.

Applications to court for children

For many of us, the idea of going through the courts to get something resolved is an uncomfortable one, particularly when the dispute involves children. In family law, however, a legal process is sometimes necessary to reach fair and just outcomes when relationships break down.

We believe other options, such as mediation or the collaborative process, to resolve family matters are a better approach because they offer a less confrontational, more amicable route. This is usually the very best way forward for all parties concerned, particularly when children are involved.

So yes, applications to court should be a last resort, in our view. They are, however, often the only path in situations where agreement cannot be reached. Our highly skilled team of family and child law solicitors are experienced in representing clients in family law courts and will be by your side each step of the way.

In England and Wales family law system, there are various applications related to children that you can make to court depending on your specific situation. On this page, we give you a breakdown of some common applications.

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Types of orders

Child arrangements order

A court order can be used to determine how a child will spend time with each parent after separation or divorce (previously known as a custody order). This is what a child arrangements order (CAO) typically covers:


  • Living arrangements - where your child or children will live, whether it's with one parent primarily, or splitting time between both parents’ households.
  • Contact arrangements - how much time your child spends with the mum or dad they don't live with. This can include details like weekdays, weekends, holidays and special occasions.
  • Communication arrangements - outlining preferred methods of communication between parents regarding your child or children, for example phone calls or digital channels such as WhatsApp or text messages.

Sometimes, one parent will want to relocate with the child or children. If a couple cannot reach an agreement amicably, the mum or dad who wants to relocate can apply for the Court’s permission, or the remaining parent can ask the Court to stop the move.


The Court must then decide the issue based on what would be in the child’s best interests.  In doing so, it will weigh up considerations including the motives for the move, the resultant lifestyle of the child, how the child feels about the move and how it may impact their relationship with the remaining parent.


The law governing child relocation can be complex and difficult to navigate, with different rules applying to proposed moves within England and Wales and outside of it. Our specialist children and family solicitors will comprehensively advise you on your options and work hard to ensure your interests and the welfare of your children are protected at all times.


In the meantime, here are some key points to remember about child arrangements orders:


  • Issued by the court - an order is only granted after an application is made to the family court, and a judge determines what is in the child's best interests 
  • The primary focus on child's well-being - the court makes the child's welfare its priority when making decisions about living and contact arrangements
  • Flexibility - CAOs can be modified in the future if circumstances change, again through the court process
  • Not a one-size-fits-all solution - each order is unique to the situation and tailored to meet the specific needs of the family involved

Prohibited steps order

A prohibited steps order (PSO) restricts a parent from taking a specific action regarding the child. The types of activity that can be prevented include:


  • taking the child overseas
  • removing them from nursery or school
  • changing a child’s last name

In simple terms, the PSO stops a parent from doing something regarding a child, as set out in the order, without the court’s consent.


Parental Responsibility Order (PSO)

You may need to go through the family court to establish parental responsibility, giving a mum, dad or other relative legal status to decide on important matters, such as the child’s education or medical treatment.

When we say a person has parental responsibility, we mean they are responsible for the boy or girl’s care and wellbeing and are expected to make important decisions about the child’s life.

 
In UK law, all biological mothers have parental responsibility for their son or daughter from the moment of birth. This can be removed if the child is adopted or is born through surrogacy.


  • A father also has parental responsibility in these circumstances:
  • he was married to the mother at the time of the child’s birth
  • he is named on the birth certificate
  • he is later added to the birth certificate when the birth is ‘re-registered’
  • he has entered into a parental responsibility agreement with the child’s mother
  • if he has what was called a ‘residence order’ for the child, that was made beforehand 22 April 2014, or if he has a ‘child arrangements order’ which states his son or daughter ‘lives with’ him

If none of the above apply, the father can apply for a standalone parental responsibility order. Other connected adults, such as a child's step-parent or a second female parent, may also be able to apply for a PSO.

What the family court will consider when assessing your application

For any application to court relating to a child, the judge or magistrate will put your child’s welfare first. They will consider the Welfare Checklist:


  • your child’s own wishes and feelings
  • their physical, emotional and educational needs
  • the likely effects any changes may have on your son or daughter
  • your child’s age, gender, characteristics and background
  • possible risk of harm to your child
  • your and your ex-partner’s ability of parents to meet the child’s needs orders the court has the power to make

Before you make a family court application

You must usually attend a meeting about mediation before you apply to a family law court, and this includes in matters involving children. This is called a mediation information and assessment meeting (MIAM).


This initial meeting is with a specially qualified family mediator who will help you to consider whether your issues can be resolved without going before a judge or magistrate. Belderbos Solicitors offers family mediation services, including the MIAM and subsequent mediation meetings, if you want to explore further an out-of-court agreement with your child’s or children’s other parent.

 
Director James Belderbos is a trained mediator and collaborative lawyer. James’s training was given by Resolution and is approved by the Family Mediation Standards Board. James is registered as a mediator in Rutland with the Family Mediation Council (FMC) and he offers in-person mediation and online mediation services in Oakham and throughout Rutland and Leicestershire.

Important points to remember

Before applying to court, explore alternative dispute resolution methods, such as mediation, arbitration and collaborative family law, which can be faster and less stressful.

Your wait for an outcome for your application to court may be a long one. With a backlog in the courts, a wait of 12 months for a decision to be made is common. Consider how swiftly you want a decision when seeking a court order.


You can find the relevant application forms and guidance on the government website, but we recommend you seek legal advice and support to complete and submit them. Work with our team of child and family law solicitors to make sure you provide all the necessary information.

If you are applying for a child arrangements order, your child’s welfare will be the court’s priority. Your wishes on sensitive issues such as time spent with your child will be taken into account, but ultimately the judge or magistrate will put the child first and this may not be the outcome you desire.

Belderbos Solicitors offers a no-fee discovery call to help you think clearly and decide on the right options for you. We do this to ensure people do not see cost as a barrier to getting good legal advice at the beginning of divorce or separation proceedings.

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