01483 332080
·
hello@englandderbyshire.co.uk 
Experienced children law solicitors advising parents, guardians, and families across England & Wales.
We cover a comprehensive range of children law matters, including child arrangements, parental responsibility, relocation, school disputes, emergency applications and court proceedings.
At England & Derbyshire, our children law solicitors help you to explore practical solutions and make informed decisions that put the best interests of your children first.
Recovered for clients in matrimonial & financial disputes
Years of combined legal experience
Every review we've received has been a 5-star review
Acting for clients across all of England & Wales
When disagreements arise about children, emotions can quickly run high. Whether you’re separating from your partner, struggling to agree on arrangements for your children, or facing an urgent issue involving their welfare, it’s natural to feel uncertain about what happens next and where you stand legally.
At England & Derbyshire, we recognise that every family is different. Rather than applying a standard process to every case, we take the time to understand your circumstances, your concerns and the outcome you’re hoping to achieve before advising on the most appropriate course of action.
Where an agreement can be reached through discussion, negotiation or mediation, we’ll help you explore those options first. Where court proceedings become necessary, we’ll prepare your case carefully, explain each stage of the process and provide clear advice throughout.
Our role isn’t simply to represent you. It’s to provide the clarity, reassurance and legal guidance you need to make informed decisions for your family, while keeping your child’s welfare at the heart of everything we do.
Every family’s circumstances are different, but the reason people seek legal advice is usually because something has changed unexpectedly. Maybe communication has broken down, an agreement has stopped working, or one parent has made an important decision without the other’s agreement. What starts as uncertainty can quickly become overwhelming, particularly when children are involved.
You may benefit from speaking to a child law solicitor in Guildford if you’re facing any of the following situations or similar ones.
Perhaps you’ve recently separated and are struggling to decide where your child will live, how often they’ll spend time with each parent, or how holidays, birthdays and school terms should be shared.
These discussions can become increasingly difficult when emotions are still raw. Having clear legal guidance at an early stage can often help parents avoid unnecessary conflict and focus on reaching arrangements that provide stability for their children.
One of the most distressing situations parents face is suddenly being prevented from seeing or speaking with their child.
Sometimes this happens after an argument. Sometimes communication simply breaks down. In other cases, one parent believes they’re acting in the child’s best interests.
Whatever the circumstances, it’s important to understand that these situations should never be approached with assumptions or emotion alone. Taking early legal advice allows you to understand your options, protect your relationship with your child and avoid actions that could make matters more complicated.
Children’s law isn’t only about disputes between parents.
If you’re concerned about your child’s safety, emotional wellbeing or living arrangements, it’s important to seek advice as soon as possible.
This may include concerns involving:
Every situation is different, and the appropriate legal response will depend on the circumstances involved.
Relocation can have a significant impact on a child’s relationship with both parents.
Whether the proposed move is to another part of the UK or overseas, these cases often involve difficult questions about schooling, family relationships, practical arrangements and the child’s long-term welfare.
Understanding your legal position early can help prevent disputes from escalating unnecessarily.
Parents don’t always disagree about where a child should live.
Sometimes the disagreement relates to important decisions affecting the child’s future, such as:
When agreement isn’t possible, legal advice can help you understand the available options and the appropriate legal process.
If court proceedings have already begun, obtaining specialist legal advice can make a significant difference.
Understanding the process, preparing the right evidence and knowing what the court will consider can help reduce uncertainty and ensure you’re fully prepared for each stage of the proceedings.
You can call us on 01483 332080, email us at hello@englandderbyshire.co.uk, or book a free consultation through our website.
Every divorce enquiry is handled personally by Anthony Derbyshire, a partner with over 50 years of experience. He will discuss your circumstances, understand what you need help with, and explain the options available to you before you. There is no pressure or obligation to proceed.
After your initial conversation with Anthony, you will have a second consultation with the solicitor who is best suited to your matter. They will discuss the divorce process, financial settlements, arrangements for children (if applicable), and the recommended next steps.
Speaking to a solicitor does not mean you have to immediately begin legal proceedings. If you decide to instruct us, we will explain our approach, likely timescales, and fees before any work begins. You only proceed once you understand what is involved.
.
The purpose of children law is to ensure that decisions affecting a child are made in a way that protects their welfare, supports their development and promotes their long-term wellbeing.
Whenever parents, guardians or family members cannot agree on arrangements involving a child, the law provides a framework for resolving those disagreements fairly and, where necessary, through the courts.
In many cases, however, court is not the starting point.
Parents are usually encouraged to resolve matters through discussion, negotiation or mediation wherever it is safe and appropriate to do so. Reaching an agreement outside of court can often reduce stress, minimise conflict and allow parents greater flexibility in creating arrangements that reflect their family’s individual circumstances.
When agreement isn’t possible, the Family Court has the power to make decisions that focus on one central principle:
| What outcome is in the child’s best interests?
That principle underpins every decision made under the Children Act 1989 and guides how judges approach disputes involving children.
Understanding this from the outset helps explain why children’s cases are approached differently from many other areas of law. The court is not there to reward or punish either parent. Its role is to make decisions that best support the child’s welfare, both now and in the future.
Most parents who contact England & Derbyshire need advice on private children’s law.
These are disputes between parents or family members about arrangements for a child, such as where they live, when they spend time with each parent or how important decisions should be made.
By contrast, public children’s law involves situations where a Local Authority becomes involved because there are concerns about a child’s safety or welfare.
Although both areas relate to children, they involve different legal processes and different considerations.
If you’re unsure which applies to your circumstances, we’ll explain the distinction and help you understand the most appropriate route forward.
Every family is different, and no two children’s law matters follow exactly the same path. Some parents simply need advice before making an important decision, while others require legal representation to resolve an ongoing dispute or navigate court proceedings.
At England & Derbyshire, we advise parents, guardians and family members on a broad range of children law matters. Below is an overview of the areas we most commonly assist with.
One of the most common concerns following separation is deciding how children will continue to spend time with each parent.
Questions about where a child will live, how often they will see each parent, arrangements during school holidays and special occasions, or how changes to existing routines should be managed can become difficult when communication has broken down.
Many families are able to reach an agreement through discussion or negotiation. Where that isn’t possible, legal advice can help clarify your options and, if necessary, support an application for a Child Arrangements Order.
At England & Derbyshire, we begin by understanding your family’s circumstances rather than assuming a one-size-fits-all solution. Every child has different needs, and the right arrangements depend on factors such as their age, education, relationships, daily routine and overall wellbeing.
Our aim is always to help parents reach practical, sustainable arrangements that provide stability for children while reducing unnecessary conflict wherever possible.
Parents often assume that because they are a child’s mother or father, they automatically have the same legal rights and responsibilities. In practice, parental responsibility can be more complex.
It affects who is legally entitled to make important decisions about a child’s upbringing, including matters relating to education, healthcare, religion, passports and other significant aspects of their life.
Questions about parental responsibility frequently arise following separation, particularly where parents disagree about major decisions or where one parent feels excluded from the decision-making process.
Our children law solicitors help clients understand how parental responsibility applies to their individual circumstances, explain the legal position clearly and advise on the most appropriate way to resolve disagreements where they arise.
Providing financial support for a child remains an important responsibility following separation. Although many parents are able to reach their own arrangements, disagreements can arise over the amount that should be paid, changes in financial circumstances or what happens when payments stop.
Understanding how child maintenance works can sometimes feel confusing, particularly where there are shared care arrangements, self-employment income or differing views about financial responsibility.
Our family law team can explain how child maintenance is assessed, when the Child Maintenance Service may become involved and how child maintenance fits alongside wider financial arrangements following separation.
Where appropriate, we also work alongside clients who are dealing with both financial matters and wider children’s law issues, helping ensure each aspect is considered together rather than in isolation.
A proposed move can have a significant impact on a child’s education, relationships and day-to-day life.
Whether one parent wishes to relocate within the UK or move abroad, these situations often raise important legal questions, particularly where the other parent disagrees.
Relocation cases require careful consideration of the child’s welfare, existing arrangements and the practical impact the move may have on their relationship with both parents.
Our role is to provide clear advice on your legal position, help explore practical solutions wherever possible and represent your interests if an agreement cannot be reached.
Because relocation disputes often involve time-sensitive decisions, obtaining legal advice early is particularly important.
Not every children’s law dispute concerns where a child lives.
Parents can also find themselves disagreeing about significant decisions affecting their child’s upbringing.
These may include:
These issues can be especially difficult because both parents often believe they are acting in the child’s best interests.
At England & Derbyshire, we provide practical legal advice that helps parents understand their options, work towards agreement wherever possible and take appropriate legal steps where necessary.
Sometimes a parent needs urgent legal protection to prevent an important decision from being made without their agreement.
This might involve concerns about a child being taken abroad, changing schools without consent or making another significant change affecting the child’s welfare.
In these situations, the court may be able to make a Prohibited Steps Order, preventing certain actions from taking place until the matter has been properly considered.
These applications are often time-sensitive, making early legal advice particularly valuable.
Our solicitors will explain whether this type of application may be appropriate in your circumstances and help you understand the legal process involved.
Grandparents often play an important role in a child’s life.
Unfortunately, following family breakdown, contact between grandchildren and grandparents can sometimes stop unexpectedly.
While grandparents do not automatically have the same legal rights as parents, there are circumstances where they may be able to apply to the court for permission to seek contact.
We regularly advise grandparents and other family members on understanding their legal position, exploring opportunities to resolve matters without court where possible and, where appropriate, making applications to the Family Court.
Where maintaining those important family relationships is in a child’s best interests, obtaining early legal advice can help clarify the options available.
Some situations require urgent legal action.
If there are immediate concerns about a child’s safety, welfare or the risk of significant changes being made without agreement, it may be necessary to make an emergency application to the Family Court.
These situations can include safeguarding concerns, domestic abuse, the risk of child abduction or urgent disputes affecting a child’s wellbeing.
Our family law team understands how stressful these circumstances can be and will act quickly to assess your situation, explain the legal options available and help you take appropriate action where required.
Another common misconception is that involving a solicitor automatically means going to court. In reality, court is, more often than not, the last resort. Many children’s law matters are resolved long before a judge becomes involved.
Depending on your circumstances, there may be several ways to resolve a disagreement, including:
Where communication remains constructive, parents may be able to reach practical agreements themselves.
Sometimes having solicitors communicate on each party’s behalf can reduce tension, clarify legal issues and help move discussions forward more productively.
Family mediation provides an opportunity for parents to work towards an agreement with the support of an independent mediator.
It is often quicker, less adversarial and more cost-effective than court proceedings, and it can help preserve a working co-parenting relationship.
Where agreement cannot be reached, or where there are safeguarding concerns, urgent welfare issues or significant disputes, court intervention may be necessary.
If this happens, having experienced legal representation can help you understand the process, present your case clearly and ensure your child’s welfare remains at the centre of every decision.
When legal issues involve your children, choosing the right solicitor isn’t simply about legal knowledge. It’s about finding someone who listens carefully, explains your options clearly and supports you through what can be one of the most challenging periods of your life.
At England & Derbyshire, we believe good family law advice should leave you feeling informed rather than overwhelmed.
From your first conversation with us, we’ll take the time to understand your circumstances, explain the legal process in straightforward language and help you make decisions based on a clear understanding of your options, not uncertainty or pressure.
No two families have the same circumstances. The right legal solution depends on factors such as your child’s age, existing arrangements, their individual needs, and the relationship between everyone involved. Rather than applying a one-size-fits-all approach, we take the time to understand your family’s circumstances and provide advice tailored to your situation.
Every family’s circumstances are unique.
If you’re unsure which legal options apply to your situation, our family law team can provide clear, practical advice tailored to your circumstances.
Answers to some of the most common questions we receive about children law, your legal rights and the family court process.
If your situation isn’t covered below, we’re happy to talk it through with you; the first conversation is free.
A children law solicitor advises parents, guardians and family members on legal issues involving children. This can include disagreements about where a child should live, the time they spend with each parent, parental responsibility, relocation, education, medical treatment and applications to the Family Court.
Some do, while others charge from the very first appointment.
At England & Derbyshire, we believe it’s important that you have the opportunity to understand your legal position and the people who’ll be handling your case before making any commitment.
That’s why we offer two free consultations.
Your first conversation is with Anthony, who’ll take the time to understand your situation and answer any initial questions. You’ll then have a second free consultation with the solicitor best suited to your case, giving you the opportunity to discuss your circumstances, understand how they work and decide whether you feel comfortable moving forward.
We want you to have confidence in your decision before committing to anything.
There isn’t a fixed age at which a child automatically has their own solicitor.
Whether a child is able to instruct a solicitor depends on several factors, including their age, maturity and whether they fully understand the issues involved.
In some family law proceedings, particularly where older children are involved or where there are complex welfare concerns, the court may allow a child to be separately represented. In other cases, organisations such as CAFCASS or a children’s guardian may represent the child’s interests during proceedings.
If you’re unsure how this may apply to your family’s circumstances, we can explain the process and advise on the options available.
Many parents assume that the law automatically gives both parents equal or “50/50” rights after separation. In reality, the law doesn’t work that way.
The Family Court doesn’t begin by deciding how to divide a child’s time equally between parents. Instead, every decision is based on what is in the child’s best interests.
In some families, shared care may result in broadly equal time with each parent. In others, different arrangements may be more appropriate depending on the child’s age, schooling, routine, practical considerations and individual needs.
The focus is always on creating arrangements that best support the child’s welfare rather than achieving a mathematical split of time.
There is no legal definition of an “unfit father” in UK family law. The court does not decide cases based on labels. Instead, it considers whether there are genuine concerns that could affect a child’s safety or wellbeing.
These concerns might include issues such as domestic abuse, neglect, substance misuse, serious mental health difficulties that impact parenting, persistent failure to meet a child’s needs or behaviour that places a child at risk.
Every case is assessed on its own facts. Allegations alone are not enough. The court will consider evidence carefully before making any decision affecting a child.
One of the biggest mistakes is allowing conflict with the other parent to overshadow the child’s needs.
We often see parents making decisions out of frustration or emotion, such as refusing contact, communicating aggressively or involving children in adult disagreements. Unfortunately, these actions can make resolving matters more difficult and may not reflect well if the dispute reaches court.
Another common mistake is delaying legal advice until the situation has escalated significantly. Seeking advice early doesn’t necessarily mean going to court. In many cases, understanding your legal position from the outset can help avoid unnecessary conflict and make it easier to reach a constructive agreement.
Removing a child from a parent’s care is a serious step and only happens where there are significant concerns about the child’s welfare.
In public law cases, a Local Authority may begin care proceedings if it believes a child is suffering, or is likely to suffer, significant harm. The court will carefully consider the evidence before deciding whether intervention is necessary.
CAFCASS (Children and Family Court Advisory and Support Service) is an independent organisation that helps the Family Court make decisions about children’s welfare. Their role is not to support one parent over the other.
Instead, CAFCASS officers gather information, speak with the parents and, where appropriate, the child, carry out safeguarding checks and make recommendations based on what they believe is in the child’s best interests.
Their recommendations are based on the individual circumstances of each case rather than assumptions about either parent’s role.
The court doesn’t make decisions based on opinions or accusations alone. If there are concerns about a parent’s ability to care for a child, evidence will usually be required. Depending on the circumstances, this could include police records, medical evidence, school reports, witness statements or information from social services and other professionals.
Yes. Family circumstances naturally change over time, and arrangements that worked well several years ago may no longer be suitable.
Parents are often able to agree changes between themselves without returning to court. However, where agreement isn’t possible, it may be appropriate to apply to the court to vary an existing Child Arrangements Order.
Relocating abroad with a child after separation is rarely straightforward. If both parents share parental responsibility, one parent cannot simply decide to move overseas permanently without the necessary agreement or permission from the court.
If agreement cannot be reached, the Family Court will consider a range of factors, including the child’s welfare, education, family relationships and the impact the move may have on their relationship with the other parent.
International relocation cases can be complex, so obtaining legal advice as early as possible is highly recommended.
There is no single answer because every family is different.
Some matters can be resolved through negotiation or mediation within a matter of weeks. Others, particularly where court proceedings are required or complex welfare concerns arise, may take several months or longer.
At England & Derbyshire, we understand that uncertainty can be one of the most difficult aspects of any family dispute. Wherever possible, we work proactively to resolve matters efficiently while ensuring that important decisions are made carefully and in your child’s best interests. From your very first conversation with us, we’ll explain what you can realistically expect, the likely stages involved and the options available to help move your matter forward.
Although many people still use the term child custody, it is no longer the legal terminology used by the courts in England and Wales.
Today, the Family Court deals with Child Arrangements, which determine where a child lives, who they spend time with and how important arrangements are made following separation. While the language has changed, the aim remains the same: making decisions that are in the child’s best interests.
If you’re searching for advice about child custody, our children law solicitors can explain how the current legal framework applies to your family’s circumstances and the options available to you.
Routine day-to-day decisions can usually be made by the parent caring for the child at that time.
However, significant decisions affecting a child’s upbringing should generally involve everyone who has parental responsibility.
Disagreements often arise over issues such as:
Where agreement cannot be reached, legal advice can often help resolve the issue before court becomes necessary.
Grandparents play an important role in many children’s lives, but unlike parents, they do not automatically have the legal right to apply for arrangements relating to their grandchildren.
In many cases, grandparents will first need the court’s permission before making an application.
The court recognises the value that grandparents and wider family members can bring to a child’s life and will consider each case on its individual circumstances. Where maintaining those relationships is in the child’s best interests, there may be legal options available.
No. In fact, many families never need one. Where parents are able to communicate and work together, informal agreements can often provide the flexibility families need as children grow and circumstances change.
However, there are situations where a formal court order may become appropriate.
For example, if:
Having a legally binding order can provide certainty for everyone involved while reducing the likelihood of future disputes.
Many separated parents successfully co-parent without involving the courts. If communication remains positive, an informal agreement may continue to work perfectly well.
However, difficulties can arise if one parent later changes their mind or refuses to follow what had previously been agreed. Without a formal court order, resolving those disagreements can become more challenging.
