Private children law
Private children law covers disputes between parents or family members about a child's upbringing. Here is how these cases work, what the court looks at, and when a family barrister can help.
What is private children law?
Private children law is the area of family law dealing with disagreements between private individuals, usually separated parents, about a child. It is different from public children law, where a local authority is involved through care or supervision proceedings. Most private cases are brought under section 8 of the Children Act 1989, and the court's paramount consideration is always the child's welfare.
The most common disputes are about where a child lives and how much time they spend with each parent, but private children law also covers schooling, medical treatment, religion, changes of name, holidays abroad and permanent relocation, whether within the UK or overseas.
Orders the court can make
Child arrangements order
Decides who a child lives with and when they spend time with the other parent or family members.
Specific issue order
Resolves a particular question, such as which school a child attends or whether they can move abroad.
Prohibited steps order
Stops a parent taking a specified step, such as removing the child from the country or changing their surname.
Parental responsibility
Grants parental responsibility to a parent or relative who does not already have it.
Enforcement
Where an existing order is not followed, the court can vary the arrangements or impose enforcement measures.
Leave to remove
Permission to relocate permanently overseas with a child, assessed against the child's welfare.
How private children cases run
Before applying, the applicant must normally attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies, for example where there is evidence of domestic abuse or urgency. The application is made on Form C100. Cafcass then carries out safeguarding checks with the police and local authority and speaks to each parent by telephone.
The first hearing is the First Hearing Dispute Resolution Appointment (FHDRA). The court considers the safeguarding letter, explores whether agreement is possible, and gives directions. These may include a section 7 welfare report from Cafcass or social services, statements from each parent, drug or alcohol testing, or a Separated Parents Information Programme. In some areas, courts now use a newer investigative model in which more work is done before the first hearing.
Where serious allegations such as domestic abuse are disputed and would affect the arrangements, the court may hold a fact-finding hearing, applying Practice Direction 12J. Later, a Dispute Resolution Appointment (DRA) gives a further chance to settle, and if that fails, the case proceeds to a final hearing where the judge hears evidence and decides.
When a family barrister helps most
Many parents manage the early stages themselves. A barrister makes the biggest difference at contested hearings: fact-finding hearings, where cross-examination is central; final hearings; and urgent applications, such as preventing a child being taken abroad. Counsel can also advise on the merits early, draft a clear position statement and witness statement, and negotiate at court, where most cases settle.
You can instruct a family barrister directly through Public Access, without a solicitor. Fees are fixed in writing before work starts and include preparation and a conference. As a broad guide, attendance at a short hearing usually starts from around £1,000, and a one-day final or fact-finding hearing with a standard-experience barrister is commonly around £2,500 plus VAT, depending on the papers, complexity and availability. Legal aid may be available where there is evidence of domestic abuse or child abuse.
Enquiring is free. If you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's professional fee before you decide.
Cross-border children cases
Where a parent lives abroad, wants to relocate overseas, or a child has been taken or kept outside England and Wales, different rules apply, including the 1980 Hague Convention. Our panel includes barristers who specialise in international child law and abduction. Clerk&Counsel is an intermediary and clerking service and does not itself provide legal advice; the barristers on our panel are independent and regulated by the Bar Standards Board.
Common questions
What is private children law?
Private children law covers disputes between parents or family members about a child's upbringing, such as where the child lives, time with each parent, schooling or relocation. It does not involve the local authority, unlike public law care proceedings.
Do I have to attend mediation before applying to court?
You must usually attend a MIAM before applying for a child arrangements order, unless an exemption applies, for example domestic abuse, urgency or a risk to the child.
What happens at a FHDRA?
The court reviews Cafcass safeguarding information, sees whether the parents can agree, and gives directions such as statements or a section 7 report if they cannot.
How much does a family barrister cost for a child arrangements hearing?
Fees are fixed in writing beforehand. Short hearings usually start from around £1,000, and a one-day final or fact-finding hearing with a standard-experience barrister is commonly around £2,500 plus VAT.
Can I instruct a barrister without a solicitor in a children case?
Yes. Family barristers registered for Public Access can be instructed directly to advise, draft documents and represent you at hearings.
Clerk & Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. Barristers instructed through Clerk & Counsel are independent legal professionals regulated by the Bar Standards Board and are responsible for the legal services they provide. It is free to submit an enquiry; if you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's professional fee before you decide.
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