Children

How we can assist with disputes concerning your children

Disputes concerning children can present parents, family members and courts with some of the most challenging decisions of all. 

Our experienced family solicitors in London, Kent and the South East regularly help parents, grandparents or guardians who find themselves in a conflict concerning children. Covering Bromley, West Wickham, Beckenham, Sevenoaks and London, our family solicitors can act urgently to provide protection through court orders in situations where there are serious concerns about a child’s immediate safety and welfare.

Below, we provide helpful guidance and answers to frequently asked questions about supporting and protecting children's well-being on issues concerning:

• Appointment of a Guardian
• Changing a child's name
• Child arrangement orders
• Grandparent's rights and child arrangement orders
• Child maintenance
• Moving abroad with children
• Parental responsibility

Appointment of a Guardian - UK Family Law FAQs

Learn how to appoint a legal guardian for your child in the UK. We explain who can be a guardian, how to appoint one, and what the court considers.

What is a legal guardian?

A legal guardian is an individual formally appointed to care for a child if the child’s parents have died. Guardians assume parental responsibility, which allows them to make important decisions about:

• Education
• Medical treatment
• Living arrangements

Legal guardians do not take on all parental financial obligations, such as child maintenance or support.

Why should parents appoint a guardian?

Appointing a guardian ensures that children are cared for by a trusted adult if both parents pass away before the child turns 18. This provides stability, continuity, and security, which are essential for a child’s welfare and upbringing.

Who can appoint a guardian?

Guardians can be appointed by:

• A parent with parental responsibility
• An existing guardian or special guardian

The family court can also appoint a guardian in certain circumstances:

• If the child has no parent with parental responsibility
• If a person named in a child arrangements order dies while the order is in force
• If the child’s last surviving special guardian dies

How is a guardian appointed?

Appointments must comply with the Children Act 1989 and can be made:

• By court order
• In writing by a parent with parental responsibility, an existing guardian, or a special guardian

Most common method:

• Named in a parent’s Will, which must follow legal formalities

Alternative method:

• A separate dated and signed document is also valid

What happens if there is a dispute about appointing a guardian?

Before going to court, applicants must attend a mediation session to explore non-court dispute resolution (NCDR), unless exceptions apply, such as:

• Safety concerns
• Domestic abuse

Court proceedings should only be used as a last resort.

When does the appointment take effect?

• Normally, the appointment takes effect when both parents with parental responsibility have died
• If the appointing person was the only person named in a child arrangements order or the last surviving special guardian, the appointment takes effect immediately

Guardian appointments apply only to children under 18 and end automatically when the child reaches that age.

How does the court decide whether to appoint a guardian?

The child’s welfare is the court’s primary concern. Factors the court considers include:

• The child’s wishes and feelings
• Physical, emotional, and educational needs
• Likely impact of changes
• Age, sex, background, and relevant characteristics
• Any harm suffered or risk of harm
• Capability of parents or others to meet the child’s needs

The court must also consider the “no order principle”, meaning it decides whether making an order is better than making no order at all.

Summary

• Appointing a legal guardian secures the child’s future if parents are no longer able to care for them
• Most guardians are appointed in a Will, but court orders or written documents are also valid
• Court approval is based entirely on the child’s welfare, not parental preference
• Mediation or non-court dispute resolution should be explored before litigation

Changing a child's name - UK Family Law FAQs

We explain how to change your child's name in the UK, who can apply, the process, content requirements and how to register a name change.

Who can change a child’s name?

A child’s name is first recorded on their birth certificate when registered by a parent or someone with parental responsibility. Changing a child’s name depends on who holds that responsibility

• Single parent with parental responsibility: Can change the child’s name lawfully, but if another parent objects, it is advisable to seek court permission.
• Two or more parents with shared parental responsibility: All must agree. If agreement cannot be reached, a court application is required.
• Child arrangements order in place: The child’s name cannot be changed without written consent from all with parental responsibility or court approval.

Can a child’s name be changed at any time?

Yes. A child’s name can be changed at any age, provided the change is not intended to deceive anyone.

Is there a legal process for changing a child’s name?

There is no formal legal procedure. Once everyone with parental responsibility consents:

• You can start using the new name in daily life.
• Inform schools, doctors, banks, and other relevant organisations.

Do I need official proof of the name change?

Many organisations require evidence of a name change. A deed of change of name is recommended:

• All with parental responsibility must sign, and signatures must be witnessed.
• Children aged 16 or older and unmarried: Should endorse the deed with both old and new names.
• Children aged 16 or older and married or in a civil partnership: Should complete an adult deed form.
• Optional: Enrol the deed poll in the Supreme Court’s Central Office to create a public record.

What if consent cannot be obtained?

If one parent does not consent, you can apply to the family court for permission to change the child’s name.

• If a name was changed without consent, the other parent can ask the court to reverse it.
• The court will always decide based on what is in the best interests of the child.

Summary

• A child’s name can only be changed with consent from all with parental responsibility or by court order.
• Deed polls provide formal evidence for schools, banks, and other institutions.
• If consent is disputed, the family court decides based on the child’s welfare.

Child Arrangements Orders - UK Family Law FAQs

Learn about Child Arrangements Orders (CAOs) in the UK, including who can apply, how the court decides, urgent cases, fact-finding hearings, and the role of Cafcass in safeguarding children.

What is a Child Arrangements Order (CAO)?

A Child Arrangements Order is a court order that regulates arrangements for a child, including:

• Who the child lives with
• Who the child spends time or has contact with

• When these arrangements take place

  Types of contact may include:

• Direct contact (face-to-face)
• Overnight stays
• Supervised contact
• Indirect contact (letters, cards, video calls)

In rare cases, the court may order no contact if it is in the child’s best interests.

Does a CAO specify where the child will live?

Not necessarily. While the order may state who the child lives with, it does not always specify the exact location.

Does a CAO mean equal time with both parents?

No. A CAO that provides for time with both parents reflects equal status, not equal time. The order usually details how time is divided.

Other types of orders the court can make

Specific Issue Orders

These resolve particular questions about a child’s upbringing, for example:

• Choice of school (state or private)
• Religious instruction
• Medical treatment

Prohibited Steps Orders

These prevent a parent or person with parental responsibility from taking certain actions without court consent, such as:

• Changing the child’s name
• Taking the child abroad

Who can apply for a Child Arrangements Order?

You can apply if you are:

• A parent, guardian, or special guardian
• A step-parent with parental responsibility
• Someone with a residence order in force
• A party to a marriage or civil partnership including the child
• A person the child has lived with for at least 3 years
• Named in a CAO with parental responsibility
• Someone with consent from those who have parental responsibility
• A foster parent (if the child lived with you for ≥1 year)
• A relative (if the child lived with you for ≥1 year)

Other applicants require the court's permission.

How long does a Child Arrangements Order last?

• Living arrangements: Until age 18 (unless the court orders otherwise)
• Contact arrangements: Usually until age 16, but may extend to 18 in limited cases

Initial procedure for applying for a CAO

• Mediation: Attempt agreement first. Mandatory mediation meeting unless exempt (e.g., domestic abuse, urgent safeguarding).
• Court application: Complete C100 Form, including adults, children, and orders sought. If there are safeguarding concerns, complete C1A Form.
• Listing the application: Court schedules a First Hearing Dispute Resolution Appointment (FHDRA) and sends notices to all parties.

What happens at a First Hearing Dispute Resolution Appointment (FHDRA)?

At the FHDRA, the court:

• Explores settlement options
• Identifies issues and next steps
• May order a Cafcass Report or Independent Social Worker’s Report
• May order legal representation for the child
• May order Narrative Statements from both parties

If unresolved, the case proceeds to a Dispute Resolution Hearing, and eventually a Final Hearing where the judge makes a decision

How does the court decide on a CAO?

The court’s primary concern is the child’s welfare. Factors include:

• Child’s wishes and feelings
• Physical, emotional, and educational needs
• Impact of changes
• Age, sex, background
• Any harm suffered or risk of harm
• Parents’ ability to meet needs

The court presumes both parents’ involvement benefits the child unless proven otherwise. The “no order principle” applies if an order is unnecessary.

Urgent or Without-Notice Applications

You can request:

• Urgent hearing: both parents attend

• Without-notice hearing: other parent is not notified

  Conditions for without-notice:

  • Giving notice puts the child at risk
  • Other parent may frustrate the application

  Process for urgent applications:

  • Listed within 24–72 hours
  • Interim orders may be made (e.g., immediate arrangements, prohibited steps, supervised contact, or no contact)
  • Ex parte hearing if immediate order not granted

Cafcass Safeguarding Checks

• Police and social services checks are usually conducted
• Checks may be done before or after the first hearing depending on urgency
• Cafcass may speak briefly with both parents and submit a safeguarding letter to the court

Fact-Finding Hearings

A Fact-Finding Hearing resolves disputed allegations relevant to a child’s welfare. It is not about final arrangements.

Common issues:

• Physical or sexual abuse
• Coercive control
• Threats or violence
• Substance misuse affecting the child

Purpose: Determine what happened on the balance of probabilities.

Procedure:

1. Allegations clearly set out (C1A Form or schedule)
2. Witness statements and evidence filed
3. Hearing with cross-examination; special measures may apply (screens, remote evidence)
4. Judge issues findings (proved, not proved, not pursued)
5. Court decides safe arrangements post-hearing

Who are Cafcass?

Cafcass (Children and Family Court Advisory and Support Service) is a public body representing children and young people in family court proceedings in England.
Roles include:

• Independent advice to the court
• Safeguarding and promoting the child’s welfare
• Conducting Section 7 reports
• Ensuring the child’s voice is considered in all decisions

Section 7 Reports

A Section 7 report is prepared under the Children Act 1989 to assist the court in determining what arrangements are in the child’s best interests.
Conducted by a Family Court Adviser (FCA)

• Includes meetings with parents, carers, and sometimes the child
• Observations of the child’s attachments and developmental needs
• Does not ask the child to choose between parents
• Final report includes: background, enquiries, welfare analysis, and recommendations

Summary

Child Arrangements Orders regulate where children live and how they have contact

• Cafcass ensures the child’s welfare and voice are central to court decisions
• Urgent and Fact-Finding Hearings protect children where risks are identified
• Section 7 reports guide the court on safe and suitable arrangements

Grandparents’ Rights & Child Arrangements Orders - UK Family Law FAQs

Learn about grandparents’ rights in the UK, including how to spend time with grandchildren, Child Arrangements Orders (CAOs), court procedures, and mediation options.

What can I do if I am not allowed to spend time with my grandchildren?

Grandparents often play an important role in a child’s life, even if the parents separate. If you are not allowed contact:

• Mediation and dispute resolution: Many issues can be resolved through mediation, which is less stressful and costly than court proceedings.
• Mediation Information and Assessment Meeting (MIAM): Before applying for a court order, you are usually required to attend a MIAM to assess if mediation is suitable. Exemptions exist for child safety concerns or domestic violence.
• Court application: If no agreement is reached, you may apply to the court for a Child Arrangements Order (CAO) specifying the contact arrangements with your grandchild.

What is a Child Arrangements Order (CAO)?

A Child Arrangements Order (CAO) is a court order that regulates arrangements for a child, including:

• Who the child lives with
• Who the child spends time or has contact with
• When and how contact occurs

Types of contact include:

• Direct contact (face-to-face)
• Overnight stays
• Supervised contact
• Indirect contact (letters, cards)

In rare cases, the court may order no contact if it is in the child’s best interests.

Who can apply for a CAO?

Grandparents do not have an automatic right to apply for a CAO. You must first obtain permission from the court, unless you meet specific criteria under the Children Act 1989, such as:

• Consent from all individuals with parental responsibility
• Other circumstances confirmed by a family lawyer

If you do not meet the criteria, you must request court permission before making a CAO application.

What is the procedure for applying for a CAO?

If agreement with the parents cannot be reached, the procedure is:

1. Request court permission to apply for a CAO (if required).
2. Complete the relevant court form detailing:
   • All adults and children involved
   • Orders you seek
   • Reasons for the application
3. Court consideration: The court will evaluate:
   • Nature of your application
   • Your connection with the child
   • Any risk of disrupting the child’s life
   • Local authority plans (if applicable)
   • Parents’ wishes

Once the application is received, the court schedules a First Hearing Dispute Resolution Appointment (FHDRA). All parties are notified and must respond.

Summary

• Grandparents play an important role but do not have automatic rights to contact grandchildren.
• Mediation (MIAM) is usually required before court action.
• Court applications require permission to apply unless legal criteria are met.
• A Child Arrangements Order (CAO) sets out who the child lives with and how contact is structured.
• Legal advice from a family solicitor is essential to navigate the process successfully.

Child Maintenance in the UK

The court is not able to make an order for child maintenance other than by consent (agreement), save where certain exceptions apply. Orders for maintenance for children made by consent are only binding for one year, after which point either parent can apply for a calculation by the Child Maintenance Service (CMS).

If you and the child’s other parent cannot agree the appropriate level of child support, the parent who lives with the child or children can apply to the CMS. A fee is payable, unless the applicant is under the age of 18 or the victim of domestic abuse.

How is child maintenance calculated? (CMS Formula UK)

The formulas applied to income for determining how much the non-resident parent should pay are:

• Assessed as a percentage of the non-resident parent’s income, depending on the number of children
• A reduction of 1/7 for each night per week (averaged over a year) that the child stays with the paying parent
• A reduction if the paying parent has other children in their household or pays child support to another parent

The child support scheme applies up to a maximum income of £156,000 gross per annum.

High income cases and Top-Up Orders

If the non-resident parent earns more than £156,000 per year, the court can make a top-up order under:

• Schedule 1 to the Children Act 1989
• The Matrimonial Causes Act 1973
• The Civil Partnership Act 2004

This depends on whether the parents are or were married or in a civil partnership.

The court may also make orders:

• To meet a child’s disability-related needs
• For education or training costs
• Where a parent or child lives abroad

A child maintenance calculator is available at cmoptions.org, but it only considers income up to £156,000 and should not be relied upon in higher income cases.

Other financial provision for children

Where parents are or were married or civil partners, the court can order:

• Transfer of property
• Lump sum payments

These are usually made within divorce or dissolution proceedings and are less common than maintenance orders.

Schedule 1 Children Act 1989 claims

Under Schedule 1 to the Children Act 1989, certain individuals can apply for financial provision for a child, including:

• A parent
• Step-parent
• Guardian or special guardian
• A person with a child arrangements order

In some cases, the child themselves may apply.

This is commonly used where parents were not married or in a civil partnership. In these cases, the court’s powers are more limited than on divorce.

What orders can the court make?

The court can order:

• Lump Sum Payments
  • Paid in one amount or instalments
  • For expenses such as birth costs, school fees, or a family car
  • No limit on the number of applications
• Property Orders
  • Property transferred or held on trust for the child
  • Typically until age 18 or completion of education
  • Property may revert to the paying parent afterwards
• Child Maintenance (Limited Circumstances)
  • Top-up orders in high-income cases
  • Educational expenses
  • Disability-related costs

The court can also make interim maintenance orders while proceedings are ongoing.

What is a Top-Up Order? (High Income Child Maintenance UK)

A top-up order allows the family court to award additional child maintenance where:

• The paying parent earns over £156,000, and
• The CMS calculation does not adequately meet the child’s needs

The court “tops up” the CMS award.

When can you apply?

You can apply if:

1. A CMS calculation is already in place, and
2. The paying parent’s income exceeds £156,000

You cannot bypass the CMS process.

What does the court consider?

The court will look at:

• The child’s reasonable needs
• The lifestyle the child would have had
• School fees, housing and extracurricular activities
• The paying parent’s financial resources
• Any special needs

This is a discretionary assessment, not a fixed formula.

What Can a Top-Up Order Cover?

• Monthly maintenance payments
• School fees
• Housing costs
• Extracurricular activities, holidays and related expenses

It supplements CMS maintenance and does not replace it.

Key limitations

• Only applies in high-income cases
• Must benefit the child, not the receiving parent
• CMS calculation must already exist

Key example

• CMS calculates maintenance based on £156,000 income
• Paying parent earns £300,000
• Court determines additional support is needed
• A top-up order is made for extra monthly payments

Can a child apply for financial support?

A child over 18 may apply for maintenance or a lump sum if:

• They are in education or training, or
• There are special circumstances (e.g. disability), and
• No maintenance order was in place immediately before age 16

Court procedure for financial claims

The applicant submits a court application, which is served on the respondent.

The process includes:

• Financial disclosure by both parties
• Court hearings
• Consideration of evidence

How does the court decide?

The court considers:

• Income, earning capacity, property and financial resources of each parent
• Financial needs and responsibilities of each parent
• The child’s financial needs
• The child’s own financial resources (if any)
• Any disability
• The child’s education or training

Judges have wide discretion, and outcomes can be difficult to predict.

What if I am married?

If you are divorcing, the court may deal with child maintenance as part of wider financial proceedings (see our Financial arrangements for divorce & separation).

Moving abroad with children: Leave to remove applications - UK Family Law FAQs

Learn about moving abroad with children after separation or divorce. Understand leave to remove applications, court considerations, Cafcass involvement, and how to object.

Can I move abroad with my children after separation or divorce?

If you want to relocate permanently with your children, you must first:

• Obtain written consent from the other parent or anyone with parental responsibility.
• If consent is not given, you can apply to the court for permission. This is called a leave to remove or relocation application.

What does the court consider in a relocation (leave to remove) application?

The welfare of the children is the court’s primary concern. Judges will consider:

• The children’s wishes and feelings (depending on age and understanding)
• Physical, emotional, and educational needs
• Likely effects of the proposed change in circumstances
• Age, sex, background, and other relevant characteristics
• Risk of harm
• Each parent’s ability to meet the children’s needs

The court also weighs the impact of granting or refusing permission on both parents and the children

What information should I include in my relocation application?

Your application should include a detailed statement covering:

• Proposed living arrangements
• Employment and family plans abroad
• Schooling and healthcare arrangements
• How children will maintain contact with the other parent and family in the UK
• Financial viability of the move
• Support network abroad
• Immigration requirements
• Impact if the move is refused

Your solicitor can help prepare this statement and may collect supporting statements from family members or professionals.

How can I object to a proposed relocation?

If you oppose the move, you must submit a statement explaining your objections, including:

• Current contact arrangements and how they would be affected
• Practical difficulties in maintaining contact
• Concerns about living or educational arrangements abroad
• The children’s wishes (as you understand them)
• The impact on you if the move occurs

Solicitors can help draft this statement and gather supporting evidence.

Will Cafcass be involved?

Yes. The court may appoint a Cafcass officer to:

• Speak to both parents
• Possibly speak to the children (depending on age)
• Make an independent recommendation to the court regarding the move

Is the outcome predictable?

No. Leave to remove applications are highly case-specific. Outcomes depend on:

• The unique circumstances of the children and parents
• Child welfare considerations
• Evidence provided by both parties and any professional reports

Summary

• Consent is required from all with parental responsibility before relocating children abroad.
• If consent is refused, you must apply for leave to remove through the court.
• Child welfare is the court’s primary concern in relocation decisions.
• Cafcass involvement ensures independent assessment of the child’s best interests.
• Each case is unique, and legal advice is essential.

Parental responsibility: Rights and duties of parents - UK Family Law FAQs

Learn about parental responsibility in the UK. Understand who has it, how long it lasts, how to obtain it, and what it means for parents, same-sex couples, and guardians.

What is parental responsibility?

Parental responsibility refers to all the rights, duties, powers, and authority a parent has over their child and the child’s property under the Children Act 1989. It covers major decisions such as:

• Where the child lives
• Which school the child attends
• Religion or faith decisions
• The child’s name
• Medical treatment decisions
• Managing the child’s money or property

It does not include everyday decisions like clothing, hobbies, or TV programs.

How long does parental responsibility last?

Parental responsibility generally continues until the child turns 18.

It can end earlier if:

• The child is adopted
• It was granted by a court order or agreement that is later revoked

Who automatically has parental responsibility?

• A child’s mother always has parental responsibility.
• A father has parental responsibility if:
  • He was married to or in a civil partnership with the mother when the child was born
  • He later marries or enters a civil partnership with the mother
  • He is named on the birth certificate (for children born after 1 December 2003)

Can someone other than a parent have parental responsibility?

Yes. Certain court orders can grant parental responsibility to non-parents, usually for the duration of the order.

What about same-sex couples?

Rules vary depending on how the child was conceived and family circumstances. Legal advice is recommended for same-sex couples seeking parental responsibility.

Can more than one person have parental responsibility?

Yes. Multiple people can share parental responsibility for the same child, including parents, step-parents (with agreement or order), and guardians.

How can I get parental responsibility if I don’t have it

Options include:

• Re-registering the child’s birth (with the mother’s consent) to add a father’s name
• Signing a parental responsibility agreement with the mother (must be witnessed and filed at the Principal Registry of the Family Division)
• Applying to court for a parental responsibility order if agreement is not possible
• Obtaining a special guardianship order, parental order after surrogacy, or child arrangements order

Courts generally grant parental responsibility unless there is a risk to the child or mother.

Summary

Parental responsibility covers major decisions about a child’s life and property.

• It usually lasts until the child turns 18.
• Mothers automatically have it; fathers and others may acquire it depending on circumstances.
• Legal advice is important if consent is not given or in complex situations (e.g., surrogacy or same-sex families).

Useful links

• UK Government – Parental Responsibility

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