Child arrangements solicitors in Leicester

Most separated parents agree between themselves how their children will split their time. When they can’t, the family court can decide, but it expects parents to try other routes first.

Before court

You’ll usually need to attend a Mediation Information and Assessment Meeting (MIAM) before applying to court, unless an exemption applies, for example where there has been domestic abuse or there’s an urgent risk to a child. Mediation, or solicitor-led negotiation, resolves many disputes and is usually quicker and much cheaper.

Orders the court can make

• Child arrangements order: who the child lives with and when and how they spend time with the other parent.
• Specific issue order: a decision on one issue, such as which school a child attends or whether they can move abroad.
• Prohibited steps order: stopping a parent from doing something, such as removing a child from the area.

How the court decides

The child’s welfare is the court’s paramount consideration. The court looks at the child’s wishes and feelings (depending on age and understanding), their needs, the likely effect of any change, their background, any harm or risk of harm, and how capable each parent is of meeting their needs. It generally presumes that the involvement of both parents is good for a child, unless there’s evidence otherwise. Cafcass, the service that advises the family court, usually carries out safety checks and may prepare a report.

Legal aid

Legal aid for children cases is limited but may be available where there’s evidence of domestic abuse or child abuse. You can check eligibility on GOV.UK.

Getting help in Leicester

Children cases from Leicester and most of the county are heard at the family court in Leicester. Family solicitors can advise on your options, negotiate with the other parent, and represent you at court if it gets that far.

Common questions