Children law solicitors in Chelmsford

When parents separate, making arrangements for their children is often the most emotional and challenging part of the process. Every family is different, and reaching agreement about where a child should live, how much time they spend with each parent or important decisions about their upbringing can be difficult.

At Gepp Solicitors, our experienced children law solicitors provide clear, practical and compassionate advice to parents, grandparents and other family members. We will take the time to understand your circumstances and help you find a solution that places your child’s welfare and best interests at the centre of every decision.

Wherever possible, we encourage families to resolve matters through negotiation, mediation or other out-of-court approaches. This can reduce conflict and help parents establish a constructive co-parenting relationship for the future.

However, agreement is not always possible. Where court proceedings are necessary, our children law solicitors can advise you on the appropriate application, explain what the court will consider and provide guidance and representation throughout your case.

Whether you need advice about child arrangements, parental responsibility, relocation, contact with grandchildren or another aspect of private children law, our team is here to support you.

All our children law solicitors at Gepp Solicitors are members of Resolution, a national organisation of family justice professionals committed to resolving matters constructively and placing children’s welfare at the heart of family law decisions.

Child arrangements and child custody

Although many people still use the term “child custody”, the legal term now used in England and Wales is “child arrangements”.

Child arrangements may cover:

where a child will live
how much time they will spend with each parent
arrangements during school holidays and special occasions
telephone, video or other indirect contact
how parents will manage practical aspects of their child’s care.

Our children law solicitors can help you reach an agreement wherever possible or advise you about applying to the Family Court where a decision is required.

How we can help you with children law

Reaching agreement without going to court

We understand that most parents want to avoid court proceedings where possible. If it is appropriate for your circumstances, our solicitors can help you reach an agreement through direct negotiation, correspondence between solicitors or family mediation.

An agreement may cover where your children live, how and when they spend time with each parent, school holidays, special occasions and other practical parenting arrangements.

Resolving matters outside court can often be quicker, less stressful and more cost-effective. It may also help parents preserve a more constructive co-parenting relationship for the future.

We can advise you throughout negotiations and help record any agreement clearly. Where additional certainty is required, we can advise whether it may be appropriate to ask the court to approve an agreed order.

Child Arrangements Orders

If you cannot reach an agreement, it may be necessary to apply to the Family Court for a Child Arrangements Order.

A Child Arrangements Order can set out:

where a child will live
when and how they will spend time with each parent
holiday and special occasion arrangements
telephone, video or other indirect contact
whether contact should be supported or supervised.

The court’s primary consideration will be the child’s welfare. Our children law solicitors can guide you through the application process, help prepare the necessary evidence, advise you before hearings and arrange representation where required.

Specific Issue Orders

A Specific Issue Order allows the court to decide a particular question about a child’s upbringing where those with parental responsibility cannot agree.

A Specific Issue Order may relate to:

which school a child should attend
medical treatment
religious upbringing
changing a child’s name
taking a child abroad
relocating with a child within the UK or overseas.

Our solicitors can advise you on whether a Specific Issue Order is appropriate, prepare your application and support you throughout proceedings. We can also assist with urgent applications where a decision is needed quickly.

Prohibited Steps Orders

A Prohibited Steps Order prevents a person with parental responsibility from taking a particular action concerning a child without the court’s permission.

Examples may include preventing someone from:

changing a child’s name
removing a child from their current home
taking a child abroad
relocating with a child
changing a child’s nursery or school
making a particular decision about medical treatment or religious upbringing.

Our children law solicitors can help you apply for a Prohibited Steps Order or respond to an application made by another person. We can also advise on urgent or emergency applications where there is an immediate concern.

Parental responsibility

Parental responsibility refers to the legal rights, duties and responsibilities a person has in relation to a child and their upbringing.

A child’s birth mother automatically has parental responsibility. A father may have parental responsibility because, for example, he was married to the mother when the child was born or is named on the birth certificate, depending on when and how the birth was registered.

Parental responsibility can also be acquired through:

a parental responsibility agreement
a parental responsibility order
certain Child Arrangements Orders
marriage or civil partnership with a child’s parent in some circumstances
being appointed as a child’s guardian.

Our solicitors can advise whether you already have parental responsibility and help you obtain it through an agreement or court application where necessary.

Relocating with a child

Relocating with a child can be a difficult and sensitive issue, particularly where the proposed move would affect the child’s relationship with their other parent.

Depending on the circumstances, you may need the consent of everyone with parental responsibility or permission from the court before moving elsewhere in the UK or abroad.

The court will consider the child’s welfare and the practical effect of the proposed move, including education, housing, family support and future arrangements with the other parent.

We advise parents seeking permission to relocate as well as parents who are concerned about a proposed move. We can also assist where urgent action may be required to prevent a child being removed.

Grandparents and other family members

Grandparents and other relatives do not usually have an automatic legal right to spend time with a child. However, it may be possible to reach an agreement with the child’s parents or apply to the court.

In many cases, a grandparent or other relative must first obtain the court’s permission to apply for a Child Arrangements Order. The court will consider factors including their connection with the child, the nature of the proposed application and whether it could disrupt the child’s life.

Our solicitors can advise grandparents and other family members about maintaining or restoring an important relationship with a child.

Enforcing or changing an existing court order

Family circumstances can change, and an existing Child Arrangements Order may no longer be suitable. Parents may agree changes between themselves, but it can be sensible to obtain advice before departing from an existing order.

Where agreement cannot be reached, you may be able to apply to vary the order.

If the other parent repeatedly fails to follow an order, it may be possible to apply for enforcement. The court will consider why the order has not been followed and what action, if any, would best protect the child’s welfare.

We can advise you about varying, enforcing or responding to an application concerning an existing court order.

For more information or advice

Contact Farhad Islam on:
Call: 01245 228106 or
email: islamf@gepp.co.uk

Contact us

Call: 01245 228106 or email: familyenq@gepp.co.uk or request a call back.

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Free 30-Minute Initial Consultation

We offer a free 30-minute initial consultation to discuss your matter and how we may be able to assist you.

Please note: Gepp Solicitors does not provide Legal Aid services. Any advice or representation following the initial consultation will be provided on a private fee-paying basis.

Areas of expertise

Child arrangement orders – to decide things like where children will live and who they should spend time with.
Parental responsibility
Prohibited steps orders – to prevent someone with parental responsibility from making a particular decision in relation to a child, such as to stop your partner from taking your child to live abroad.
Specific issue orders – to make a specific decision about a child’s upbringing, such as where they should go to school.
Voluntary parenting agreements covering matters like where children will live most of the time and how much time they will spend with each parent.
Divorce
Separation agreements
Prenuptial agreements
Grandparents’ rights
Family law

Frequently asked questions about children law

What is a Child Arrangements Order?

My partner and I are separating. What are my rights as a parent?

Family law generally focuses on parental responsibility and the child’s welfare rather than describing arrangements in terms of a parent’s rights.

Parental responsibility gives a person legal responsibilities and decision-making powers concerning important aspects of a child’s upbringing.

A child’s mother automatically has parental responsibility. Whether another parent has parental responsibility will depend on matters including marriage, civil partnership, birth registration, agreements and court orders.

We can advise you about your legal status, your child’s living and contact arrangements and the options available if agreement cannot be reached.

Do I have to attend mediation before applying to court?

Before making most applications concerning child arrangements, applicants are normally expected to attend a Mediation Information and Assessment Meeting, known as a MIAM.

A MIAM allows a mediator to explain mediation and assess whether it may be suitable. There are exemptions, including in some urgent cases and cases involving evidence of domestic abuse or safeguarding concerns.

Attending a MIAM does not mean that you must proceed with mediation if it is not appropriate or agreement cannot be reached.

How can arrangements be resolved as quickly as possible?

Where it is safe and appropriate, reaching an agreement through direct discussion, solicitor negotiation or mediation is often quicker than court proceedings.

It can help to identify the issues in dispute, exchange proposals clearly and focus on practical arrangements that meet the child’s needs.

If court proceedings are required, responding promptly to requests, providing documents on time and following court directions can help avoid unnecessary delay. However, the length of a case will depend on its complexity, safeguarding concerns and court availability.

Who are Cafcass?

Cafcass is the Children and Family Court Advisory and Support Service. It is independent of the courts, social services and other agencies.

In private children law proceedings, a Cafcass Family Court Adviser may carry out safeguarding checks, speak to the parents and advise the court about arrangements that promote the child’s welfare and safety.

In some cases, the court may ask Cafcass to prepare a more detailed report addressing the child’s circumstances, wishes and feelings and the issues in dispute.

Can we share the care of our child?

Yes. Parents can agree, or the court can order, arrangements under which a child spends substantial time living with or being cared for by each parent.

Shared care does not necessarily mean an equal division of time. The arrangements should reflect the child’s individual needs, education, routines, age and relationship with each parent.

The court will consider what arrangement best promotes the child’s welfare rather than applying an automatic presumption that time must be divided equally.

Can arrangements be changed if circumstances change?

Do grandparents have a right to see their grandchildren?

Can I stop my former partner seeing our child?

A child will often benefit from having a relationship with both parents, provided it is safe and in their best interests.

Contact should not usually be stopped simply because of conflict between parents. However, where there are genuine concerns about domestic abuse, neglect, substance misuse or another risk of harm, urgent legal advice should be obtained.

Depending on the circumstances, it may be appropriate to seek supervised or supported contact, ask the court to vary an existing order or make an urgent application.

What can I do if my former partner will not let me see my child?

The most appropriate first step will depend on whether a court order is already in place and whether there are any safeguarding concerns.

Where there is no order, you may be able to resolve the matter through negotiation or mediation. If agreement cannot be reached, you can consider applying for a Child Arrangements Order.

If an existing order is not being followed, you may be able to apply to the court to enforce or vary it. The court will consider the reasons for any breach and the child’s welfare before deciding what action to take.

What happens if a Child Arrangements Order is breached?

If one parent does not follow a Child Arrangements Order, the parties should first consider whether the issue can be resolved safely and constructively.

Where repeated or serious breaches occur, an application can be made asking the court to enforce the order. The court will examine the circumstances and allow the other parent to explain why the order was not followed.

The court has several options, including varying the order, imposing an enforcement measure or taking other steps that it considers appropriate. Its decision will remain focused on the child’s welfare.

Can I move elsewhere in the UK with my child?

A move within the UK does not always require formal permission, but legal advice should be obtained where it would significantly affect the child’s relationship or arrangements with their other parent.

If the other parent objects, either parent may apply for a Specific Issue Order or Prohibited Steps Order. The court will consider the purpose of the move, its practical impact and the effect on the child’s welfare.

You should not assume that an existing Child Arrangements Order can be disregarded because the proposed move is within the UK.

Can I take my child abroad or relocate overseas?

Will my child have to attend court?

How is child maintenance arranged?

Child maintenance is usually dealt with separately from child arrangements.

Parents can agree payments privately or use the Child Maintenance Service to calculate and, where necessary, collect payments. In certain circumstances, such as where income exceeds the statutory calculation limit or additional expenses are involved, the court may have powers to make financial orders.

Our Family Law team can advise where child maintenance forms part of wider financial arrangements following separation.

Children law

Children law solicitors in Chelmsford

Child arrangements and child custody

How we can help you with children law

Reaching agreement without going to court

Child Arrangements Orders

Specific Issue Orders

Prohibited Steps Orders

Parental responsibility

Relocating with a child

Grandparents and other family members

Enforcing or changing an existing court order

For more information or advice

Contact us

Request a callback

Areas of expertise

Our approach to resolving children law matters

Legal advice and early guidance

Negotiation and non-court dispute resolution

Family Court proceedings

Our children law solicitors’ fees

Fixed-fee children law advice

Hourly rates for our children law solicitors

Speak to our children law solicitors

Your children law team

Alison Gosling

Farhad Islam

Jenny Powell

Stuart Tyler

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