Family Law
What it is: In England and Wales the older terms 'custody' and 'access' have been replaced by child arrangements orders, which set out where a child lives and how they spend time with each parent or other significant people. The child's welfare is the court's paramount consideration. When it applies: These arrangements are relevant when parents separate and cannot agree how to share the care of their children, or when contact needs to be varied or enforced. Disputes may also involve specific issue or prohibited steps orders on matters such as schooling or relocation. How a solicitor helps: A family solicitor advises on the arrangements most likely to reflect your child's best interests, encourages agreement through negotiation or mediation, and, where necessary, prepares and presents your case in the Family Court. They explain the role of Cafcass, help gather relevant evidence, and work to reduce conflict for the child's benefit. First steps: Most applicants must first attend a Mediation Information and Assessment Meeting unless an exemption applies, such as domestic abuse. Keep a clear record of current care arrangements and any concerns, then seek advice on whether an agreement or a court application is the right path. The Children Act 1989 governs these matters. Scotland and Northern Ireland apply different legislation and terminology.
