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, you’ll find helpful guidance and answers to frequently asked questions about supporting and protecting children's well-being.

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:
    • Allegations clearly set out (C1A Form or schedule)
    • Witness statements and evidence filed
    • Hearing with cross-examination; special measures may apply (screens, remote evidence)
    • Judge issues findings (proved, not proved, not pursued)
    • 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
• Useful links

Cafcass

Thinking about your next steps with a family matter?

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