Child Custody & Access

Child Custody and Access: How the Law Works in England and Wales

When parents separate, one of the most important questions is where the children will live and how they will spend time with each parent. Many people still refer to this as custody and access, but these terms are no longer used by the family courts in England and Wales. Since changes introduced by the Children and Families Act 2014, arrangements for children are now dealt with through a Child Arrangements Order made under the Children Act 1989.

A Child Arrangements Order sets out two things: who a child will live with (previously called custody or residence) and who a child will spend time or otherwise have contact with (previously called access or contact). The law no longer talks about winners and losers. In almost every case, the courts recognise that children benefit from a meaningful relationship with both parents, provided it is safe to do so.

At MCR Solicitors in Manchester, our family law team advises parents, grandparents and other family members on child arrangements, from informal agreements through to contested court applications. Wherever it is appropriate, we aim to help you reach a workable, child-focused arrangement without the stress and cost of a full court battle.

What Child Arrangements Cover

Disputes and questions about children can take many forms. We regularly advise on:

• Living arrangements – where a child lives, including shared care arrangements between both parents.
• Time spent with each parent – contact schedules, overnight stays, holidays, birthdays and special occasions.
• Indirect contact – telephone, video and written contact where face-to-face time is not currently possible.
• Relocation – where one parent wishes to move within the UK or abroad with a child.
• Specific Issue Orders – resolving a single question such as schooling, religion, medical treatment or a change of name.
• Prohibited Steps Orders – preventing a parent from taking a particular action, such as removing a child from the country.
• Grandparents’ and wider family contact – helping extended family members apply to spend time with a child.
• Parental responsibility – who holds it and how decisions about a child should be made.

The overriding principle in every case is the welfare of the child. When a court makes a decision, the child’s welfare is its paramount consideration, guided by the statutory welfare checklist in the Children Act 1989, which includes the child’s wishes and feelings, their needs, and any risk of harm.

How MCR Solicitors Can Help

Every family is different, and there is rarely a one-size-fits-all answer. Our role is to understand your circumstances, explain your options clearly, and help you pursue the outcome that is right for your children. We can support you with:

Advice and Negotiation

Most child arrangements are resolved without a contested final hearing. We can help you negotiate directly with the other parent or through their solicitor, and record any agreement in a clear, practical way. Reaching a parenting arrangement by agreement is usually quicker, less expensive and less stressful for everyone, especially the children.

Mediation Support

Before making most applications to court, parents are normally expected to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies (for example, where there are safeguarding or domestic abuse concerns). We can explain how mediation works, refer you to a mediator, and advise you throughout the process so you understand your legal position at every stage.

Court Applications

Where agreement is not possible, or where a child’s safety is at risk, we can prepare and progress an application to the family court for a Child Arrangements Order or a related order. We will handle the paperwork, represent your position, and where needed instruct experienced family law barristers to advocate on your behalf at hearings.

Urgent and Safeguarding Matters

If a child has been taken without agreement, or you are worried about their immediate safety, urgent steps may be available, including emergency court applications. If you are in this situation, contact us as soon as possible so we can advise you on the right course of action.

The Process: What to Expect

While every case turns on its own facts, a typical child arrangements matter tends to follow these stages:

1. Initial consultation – we listen to your situation, explain the relevant law, and set out your realistic options and likely next steps.
2. Attempting agreement – through direct discussion, solicitor correspondence or mediation, we try to reach a child-focused arrangement without court proceedings.
3. Application to court – if agreement cannot be reached, an application is made and the court sets a timetable. Cafcass (the Children and Family Court Advisory and Support Service) may carry out safeguarding checks and prepare reports.
4. Hearings – the court may hold one or more hearings, encouraging agreement where possible and giving directions where it is not.
5. Final order – if the matter cannot be agreed, the court makes a decision based on the child’s welfare and sets out the arrangements in a Child Arrangements Order.

Court timescales vary considerably depending on the complexity of the case, the availability of Cafcass and local court workloads. We will keep you informed of likely timeframes as your case progresses. For current information on applying to court and any fees, you can also refer to the guidance on gov.uk.

Why Choose MCR Solicitors

Decisions about your children are among the most important you will ever make, and you deserve clear, honest and compassionate advice. MCR Solicitors is a Manchester-based law firm with a family law team experienced in child arrangements and related disputes.

• Child-focused approach – we keep your children’s welfare at the centre of our advice and encourage constructive, workable solutions wherever possible.
• Straightforward advice – we explain the law and your options in plain English, so you always understand where you stand and what to expect.
• Local and accessible – based in Manchester, we act for clients across the North West and beyond, and we are easy to reach when you need us.
• Regulated and accountable – as a firm of solicitors, we are bound by professional standards and a duty to act in your best interests.

We cannot promise a particular result, because no responsible solicitor can guarantee how a court will decide. What we can promise is careful preparation, honest advice and dedicated representation focused on the best interests of your children.

Frequently Asked Questions

Do mothers automatically get custody of the children?

No. The court does not favour mothers or fathers. There is no automatic rule that children live with one parent rather than the other. The court decides what is best for each child based on their welfare, and in many families a shared or substantial arrangement with both parents is appropriate.

Can I stop the other parent from seeing our child?

Generally, the court considers it in a child’s best interests to have a relationship with both parents, so contact will usually be encouraged unless there is a genuine welfare or safety concern. If you have concerns about your child’s safety, speak to a solicitor promptly so your position can be properly assessed and, where necessary, raised with the court.

Do we have to go to court to sort out child arrangements?

Not necessarily. Many parents reach agreement through discussion, solicitor negotiation or mediation, and court is often a last resort. Before most court applications you are normally expected to consider mediation through a MIAM, unless an exemption such as domestic abuse applies.

Do grandparents have any rights to see their grandchildren?

Grandparents do not have an automatic right to contact, but they can apply to the court. In most cases grandparents first need the court’s permission to apply, and the court will then consider what is in the child’s best interests. We can advise you on your prospects and the steps involved.

What happens if the other parent breaches a Child Arrangements Order?

A Child Arrangements Order is legally binding. If it is not being followed, there are steps that can be taken, which may include returning to court for enforcement. The court has a range of powers where an order has been breached without good reason. We can advise you on the most appropriate way to respond.

Please note that this page provides general information about the law in England and Wales and is not a substitute for tailored legal advice on your individual circumstances.