01483 332080
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hello@englandderbyshire.co.uk 
Disagreements about your children can be quite overwhelming, particularly when you’re unsure of your rights or what happens next.
Whether you’re trying to agree arrangements after separation, facing a child arrangement dispute or seeking advice about child custody, speak to our experienced custody solicitors for practical legal guidance sensitive to your family’s circumstances.
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 over your children, choosing the right solicitor, someone who’s experienced as well as compassionate, makes all the difference. At England & Derbyshire, we’ve built our reputation on exactly that.
We’re an independent boutique law firm supporting individuals, families and businesses across England and Wales. Between our solicitors, we draw on more than 80 years of combined legal experience, providing practical legal advice that’s tailored to the circumstances of every client rather than applying a one-size-fits-all approach.
Our understanding of family law has also been shaped by years spent uncovering where legal advice has gone wrong. Since 2016, we’ve helped recover more than £15 million for people who received negligent advice during divorce and financial settlement proceedings, exposing mistakes that left many individuals with far less than they were legally entitled to.
We bring the same attention to detail, careful preparation and commitment to protecting your family’s interests when it comes to child arrangements and custody.
Whether you’re trying to agree arrangements after separation, resolve a dispute over contact or apply for a Child Arrangements Order, our role is to give you clear advice, practical solutions and the confidence to make informed decisions about your family’s future.
We regularly advise parents and family members on matters including:
Where agreement can be reached through discussion or negotiation, we’ll help you pursue that outcome wherever possible. Where court proceedings become necessary, you’ll have experienced child arrangement solicitors guiding you throughout the process, explaining each stage clearly and representing your interests with confidence.
Disagreements with your partner can lead to overwhelming uncertainty. Perhaps you’ve recently separated and don’t know what arrangements should look like. Maybe your former partner has suddenly stopped you from seeing your child, or conversations that once worked have broken down completely. You may have received court papers, discovered that your child’s other parent wants to move away, or simply reached the point where informal agreements are no longer working.
These situations can be emotionally draining. Alongside the practical questions about school runs, weekends, holidays and day-to-day routines come concerns that are much harder to answer.
“Do I have any rights?”
“Can they really do this?”
“Will I have to go to court?”
“What’s actually best for my child?”
These are the questions we hear every day.
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.
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When parents are unable to agree on arrangements for their children, the Family Court may make a Child Arrangements Order.
A Child Arrangements Order is a legally binding court order that sets out the practical arrangements for a child following separation. Its purpose is to provide clarity, reduce uncertainty and, above all, make sure that decisions are made in the child’s best interests.
Not every family will need one. In many situations, parents are able to reach an agreement between themselves or with the support of solicitors and mediation. Where those discussions are successful, formal court proceedings may never be necessary.
However, when disagreements continue, communication breaks down or important decisions cannot be resolved, a Child Arrangements Order can provide a clear framework for moving forward.
Every Order is tailored to the individual family. The court doesn’t apply a standard arrangement or assume that one solution fits every child.
Instead, it carefully considers the circumstances of the case and makes decisions based on what will best promote the child’s welfare, stability and long-term wellbeing.
Successful arrangements provide children with consistency, stability and meaningful relationships with the people who are important to them. They help parents understand what has been agreed, reduce uncertainty and provide a framework for resolving disagreements before they become larger disputes.
Depending on your family’s circumstances, arrangements can cover a wide range of practical matters.
Some children primarily live with one parent while spending regular time with the other. Others divide their time more evenly between both homes.
The right arrangement depends on the individual needs of the child, rather than a fixed formula.
Children generally benefit from maintaining positive relationships with both parents wherever it is safe and appropriate to do so.
Arrangements may include weekdays, weekends, overnight stays, school holidays, birthdays and other important occasions, with flexibility built around the child’s routine and family commitments.
School holidays, Christmas, birthdays, religious celebrations and family events can often become points of disagreement following separation.
Agreeing these arrangements in advance helps avoid uncertainty and provides both parents and children with clearer expectations throughout the year.
Maintaining a meaningful relationship isn’t always limited to face-to-face time.
Telephone calls, video calls and other forms of communication can also play an important role, particularly where parents live further apart or regular contact is more difficult to arrange.
Children’s needs naturally change over time.
What works well for a toddler may not be suitable for a teenager balancing school, friendships, hobbies and increasing independence.
Good Child Arrangements are capable of evolving as family circumstances change, helping children maintain stability while adapting to new stages of life.
At England & Derbyshire, we help parents create practical arrangements that are realistic, sustainable and focused on what matters most: giving children the consistency and security they need while supporting positive family relationships wherever possible.
If you’ve been searching online for information about child custody, you’re not alone.
It’s still one of the most common phrases parents use when trying to understand what happens after separation. Many people search for child custody solicitors, custody lawyers or how to get custody of a child, particularly during the early stages of a dispute.
In England and Wales, however, the legal term used by the Family Court is Child Arrangements.
Whenever it’s appropriate, we’ll explore opportunities to resolve matters through discussion, negotiation or mediation before court proceedings become necessary. Reaching an agreement outside of court can often be quicker, less stressful and better for everyone involved, particularly children.
Of course, not every situation can be resolved that way.
If communication has completely broken down, agreements are repeatedly ignored or there are concerns about a child’s welfare, court intervention may become the right next step.
Our role is to help you understand which path is most appropriate for your circumstances and guide you through it with clear advice at every stage.
If parents are unable to reach an agreement, it may be necessary to ask the Family Court to make a Child Arrangements Order.
Before making an application, most parents are expected to attend a Mediation Information and Assessment Meeting (MIAM). This gives both parties the opportunity to explore whether the dispute can be resolved without court proceedings.
If mediation isn’t appropriate or doesn’t lead to an agreement, an application can then be made to the court. From there, the court will consider the circumstances of your family, gather the information it needs and decide what arrangements are most appropriate for your child.
Throughout that process, our role is to make sure you understand what’s happening, prepare your case thoroughly and provide practical advice that’s focused on achieving the best possible outcome for your family.
Whether you’re looking for advice after a recent separation, trying to resolve an ongoing child arrangement dispute or considering applying for a Child Arrangements Order, we’re here to help you understand your options and make informed decisions for your family.
Straightforward answers to some of the questions parents ask us most often about Child Arrangements Orders, child custody, family court proceedings and resolving disputes involving children.
If your question isn’t answered here, your first two consultations with England & Derbyshire are free.
No, you don’t have to instruct a solicitor to apply for a Child Arrangements Order. Many people make an application themselves. However, if there’s a dispute, concerns about your child’s welfare or the other parent has legal representation, professional advice can make a significant difference. A solicitor can explain your rights, prepare your case and help you avoid costly mistakes.
The court charges a fee to make a Child Arrangements Order application, although fee exemptions may be available depending on your circumstances. If you instruct a solicitor, legal costs will vary depending on the complexity of your case and whether it can be resolved without court. During your two free consultations, we can explain the likely costs based on your situation.
There isn’t a legal definition of an “unfit father” in England and Wales. The court looks at whether a parent’s behaviour places a child’s welfare at risk. Issues such as abuse, neglect, substance misuse, domestic violence or an inability to provide safe care may all be relevant, but every case is assessed on its own circumstances.
A Child Arrangements Order doesn’t give one parent greater rights than the other. It sets out practical arrangements for a child, including where they live and how they spend time with each parent. Both mothers and fathers can apply for an Order if they’re unable to reach an agreement themselves.
Yes. You can apply for a Child Arrangements Order without using a solicitor. Before making an application, most people are expected to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies. If the matter is likely to be contested, seeking legal advice beforehand can help you understand your options and prepare your case.
There’s no fixed timescale. Straightforward cases where parents reach an agreement can be resolved relatively quickly, while contested cases involving several hearings may take much longer. The timeframe depends on the court’s availability, the issues involved and whether further reports or evidence are required.
One of the biggest mistakes is allowing conflict with the other parent to become the focus instead of the child’s wellbeing. The Family Court’s priority is always the child’s best interests, so parents who remain child-focused, communicate reasonably and follow court directions are generally in a stronger position.
In most child arrangements cases, each parent is responsible for paying their own legal costs. Unlike some other types of court proceedings, it’s uncommon for one parent to be ordered to pay the other’s legal fees unless there are exceptional circumstances.
The court doesn’t automatically assume that every family should have a 50/50 arrangement. Instead, it considers what’s in the child’s best interests. Factors such as the child’s routine, schooling, practical arrangements and any welfare concerns are all taken into account when deciding what arrangement is most appropriate.
CAFCASS usually contacts both parents individually before the first hearing. They carry out safeguarding checks, discuss any concerns and prepare information to help the court understand the family’s circumstances. In some cases, they may also speak to other professionals involved with the family.
There isn’t a specific age at which a child can make that decision on their own. As children grow older and mature, their wishes and feelings are given greater weight, but the court will always consider whether those wishes are in the child’s best interests alongside all the other circumstances of the case.
There’s no fixed cost because every case is different. Legal fees depend on the complexity of the matter, whether an agreement can be reached or whether court proceedings become necessary. We’ll always explain the likely costs before any work begins, and your first two consultations with England & Derbyshire are free.
If a parent repeatedly fails to follow a Child Arrangements Order without a good reason, the other parent may be able to ask the court to enforce it. Before taking any action, it’s sensible to seek legal advice, as the court will want to understand why the Order hasn’t been followed and whether circumstances have changed.
If one parent doesn’t attend a hearing, the court may decide to continue in their absence or postpone the case, depending on the circumstances. It’s always important to attend unless the court has agreed otherwise, as failing to do so can affect the outcome of the case.
No. CAFCASS provides independent recommendations to help the court, but the judge makes the final decision. While CAFCASS reports are often influential, the court will consider all of the evidence before deciding what’s in the child’s best interests.
In most cases, a Child Arrangements Order ends when a child reaches the age of 16. However, in certain circumstances, the court can order that it continues until the child turns 18 if that’s considered appropriate.
Yes. As children grow older, their routines, education, friendships and interests naturally change. Parents may move home, working patterns may evolve or new family circumstances may make existing arrangements less practical than they once were. That doesn’t automatically mean a Child Arrangements Order is no longer suitable, but it may mean it’s time to review whether the arrangements continue to reflect what’s in your child’s best interests.
Where parents agree on changes, it’s possible to update arrangements without returning to court. If agreement can’t be reached, however, it may be appropriate to apply to vary an existing Order.