Child Arrangement Solicitors in Birmingham

As parents, you want the best possible outcome for your children, and concerns about your ex-partners' ability to provide this can be difficult to handle appropriately. In England and Wales, what many people refer to as 'child custody' is called a child arrangements order, under the Children Act 1989. This page explains our service for parents seeking a child arrangement order in Birmingham.

We act for both applicants and respondents, where these cases are heard at Birmingham Family Court.

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Legal 500 recognised family team
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Resolution member solicitors
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Applicant and respondent advice
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Emergency and urgent applications
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Birmingham city centre office

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What This Involves

Child arrangements proceedings in Birmingham involve several order types and processes, each with its own application, threshold and consequences for you and your child.

Child arrangements orders: contact and living together

A child arrangements order sets out where your child lives and when they see each parent, judged against the child's welfare. We act on child law cases from an order agreed by consent to a contested hearing at Birmingham Family Court.

The welfare checklist: how the court decides

The court decides using the welfare checklist in section 1(3) of the Children Act 1989, the factors a judge must weigh: your child's wishes, their needs, the effect of any change, any risk of harm and each parent's capacity to cope. We'll build your evidence and legal arguments around these elements.

Specific issue orders: school, medical, religion

A specific issue order settles one disputed question about your child, such as disagreements over which school they attend, a medical treatment, religion or a change of surname. You must show that your proposal serves their welfare. We prepare the evidence and can move fast if the other parent tries to decide alone.

Prohibited steps orders: stopping a parent acting

A prohibited steps order stops the other parent taking a set action without the court's approval, such as removing your child from the country, moving home or changing school. In an emergency, this can be sought without notice. We advise on that threshold, bringing an order, and on responding to an order made against you.

Parental responsibility

Parental responsibility is the legal right to make decisions about your child. Mothers hold it automatically, as do married fathers and those on the birth certificate. Others must obtain it by agreement or court order. Our team can help you apply for parental responsibility and settle disputes quickly.

Emergency and without-notice applications

Where your child faces immediate harm or removal from the country, we can apply to Birmingham Family Court without warning the other parent. The court grants this only on clear evidence of urgency, then lists a return hearing quickly. We prepare the evidence at speed and attend the hearing on your behalf.

Relocation and international child abduction

To move permanently with your child within England and Wales, or abroad, you need everyone with parental responsibility to agree, or a court order. Taking a child abroad without that is a criminal offence and triggers the Hague Convention, which can force a fast return. Our family law solicitors help Birmingham parents mediate around relocation, and if necessary, we apply for a court order.

Enforcing a child arrangements order

Where the other parent keeps breaching your order by withholding contact or ignoring its terms, you can enforce it under section 11J of the Children Act 1989. The court can order unpaid work, change the order, or treat a serious breach as contempt. Our team can advise on the evidence to bring or defend an enforcement application.

Grandparents and non-parents seeking contact

Grandparents, step-parents and others close to a child have no automatic right to apply and must first get the court's permission for special guardianship. The court weighs your relationship with the child and the benefit contact would bring. We advise on the permission threshold, and the routes to special guardianship.

The Child Arrangements Order Court Process

Once your application is issued, the court usually lists three hearings.

The First Hearing Dispute Resolution Appointment, where Cafcass has filed a safeguarding letter
A Dispute Resolution Appointment if the case stays contested
A Final Hearing where the judge decides

Simple cases can settle early. We prepare and represent you throughout.

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Your Confidence, Our Commitment

Meet the Team

Aliya Abid

Solicitor

Aliya advises parents in Birmingham on child arrangements orders, parental responsibility disputes and child law matters.

Our Birmingham Office

Our Birmingham office is in Digbeth, less than a mile from the Bullring and New Street Station, with city-centre access by foot, car and bus.

Witan Solicitors (Birmingham)
Bradford Court
123–131 Bradford Street
Digbeth, Birmingham
B12 0NS

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Get Child Arrangements Advice Today

Early advice matters, because the position you take at the first hearing can be hard to unpick later.

Call us for an initial conversation about your options, with no pressure and no obligation to proceed.

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0300 303 2071

Mon - Fri 8:30 - 5:30

or email us at info@witansolicitors.co.uk

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FAQ

What does a child arrangements order actually contain?

It records where your child lives and when they see each parent, and can add conditions on handovers, holidays and contact by phone or video. It can name one home or provide for shared time. The order usually runs until your child turns 16.

Can a child arrangements order be changed after it is made?

Yes. Either parent can apply to vary the order if circumstances change, for example a house move, a new work pattern or a safety concern. The court reconsiders the arrangement against the child's welfare and changes it only where that benefits the child.

Can I take my child abroad if I have a child arrangements order?

You can take your child abroad for up to 28 days without extra consent only if the order names you as the parent they live with. Otherwise, you need the written agreement of everyone with parental responsibility, or the court's permission. Going without it can be child abduction.

Can a grandparent apply for a child arrangements order?

Usually yes, but you must first ask the court for permission to apply, as grandparents have no automatic right. The court looks at your relationship with the child and the benefit contact would bring, then considers the full application against the child's welfare.

This page was last reviewed by Aliya Abid, Solicitor, Family Law Team, July 2026. Our family law content is reviewed every six months to ensure it reflects current legislation, case law and market practice.

Witan Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority (SRA 605789). You can view the firm record on the SRA register, and Witan publishes its complaints procedure online.