Our child contact solicitors always aim to deal with matters with minimal conflict. All our lawyers are members of Resolution, the family law group who are committed to resolving matters constructively and without the need for litigation.
We hold the Law Society’s advanced Family Law accreditation, awarded in recognition of our expertise in providing legal advice and our high standards of client service.
Speak to one of our child access solicitors now by contacting your local Henriques Griffiths office in Bristol or Winterbourne.
Or use our simple enquiry form to ask a question or request a call back.
How our children law solicitors in Bristol can help you
We provide a full range of services, including advice in relation to:
- Child arrangements orders
- Spend time with orders
- Live with orders
- Prohibited steps orders
- Specific issue orders
- Parenting agreements
For more information about our services, see our family law solicitors and divorce solicitors pages.
Child contact and residence FAQs
Making child contact and residence arrangements
Wherever possible, the courts prefer parents to deal with arrangements regarding children between themselves. Our team can work with you to explore options and represent you in negotiating with your child’s other parent and/or their solicitor.
The law requires that if you are not able to agree on matters, you need to consider mediation unless there has been a case of domestic violence or if certain other exemptions are present.
We can arrange for you to attend a Mediation Information and Assessment Meeting, or MIAM, where a mediator will explain how they can help and how the mediation process will work.
If you try mediation but it is not successful, then we can apply to the courts for a child arrangements order or another order that may be needed.
If mediation is successful and an agreement is reached, we can put this into a draft order and ask the court to approve and seal it, making a binding child arrangements order.
What is the child access law in the UK?
We are often asked about child access rights for fathers. The default position is that the courts consider it best for children to have a meaningful relationship with both parents wherever possible.
A court will always prioritise a child’s best interest when deciding on what time a child should spend with a parent or with whom they should live. If one parent has taken on the bulk of the childcare to date, then the court may consider that it will be best for the child to live with that parent. This could be either the mother or the father.
If it is not possible to reach an out-of-court agreement regarding arrangements for your children, the court will look at the child welfare checklist when making a decision. The points on the welfare checklist are:
- The child’s wishes and feelings, taking into account their age and understanding
- Their physical, emotional and educational needs
- The likely effect on them of any change in their circumstances
- Their age, sex, background and any other relevant characteristics
- Any harm the child has suffered or is at risk of suffering
- How capable each parent is of meeting the child’s needs
- The powers available to the court
They will also consider the ‘no order’ principle, which dictates that an order should only be made if it would be better for the child than making no order.
Unless the matter is particularly urgent, the court will usually ask the Children and Family Court Advisory and Support Service or Cafcass to work with your family and prepare a report to help the judge make the right decision before they make an order.
This report will consider any safeguarding concerns that the Court should be made aware of and make recommendations to the Court about what steps it should take to help resolve the matter. In order to prepare this letter, the Cafcass officer will speak to both you and the other parent, as well as complete a Police National Computer check.
For further information on childcare cases, see our childcare solicitors page.
How do I get contact with my child?
Initially, you need to try and agree on child arrangements with your child’s other parent. If you are able to reach an agreement, we can put this into a draft order and ask the court to seal it. This will make a binding child arrangements order that will give you and your family certainty for the future.
If you are not able to agree on matters and you feel that you need help putting a child access order in place, call to speak to one of our child law solicitors, and we will take you through the next steps, which can involve alternative dispute resolution such as mediation.
What is a residence order for a child?
Since 2014, Child Arrangements Orders have replaced contact and residence orders. A child arrangements order can establish details such as:
- Where a child will live (child arrangements order – live with)
- How much time they will spend with their other parent (child arrangements order – spend time with)
- When and where this will take place
- How the child will stay in contact with each parent while they are apart
What can I do if my ex won’t let me see my child?
If you do not have a child arrangements order in place, you should contact experienced solicitors for advice on child access. If you speak to us, we can advise you on your options and work to try and agree on contact.
Where necessary, we can take further action, such as arranging mediation or making an application to the Court.
If you have a child arrangements order in place but your child’s other parent will not let you see your child in breach of the order, contact us today. We will take steps to ensure that your child’s other parent complies. We can provide you with advice about steps you can take to try to reinstate contact and, where appropriate, make an application for enforcement.
What happens if you break a court order for child access?
If you breach a child arrangements order, you may have a reasonable excuse, or the breach may be minor and only occur on a single occasion. If so, then it may not be necessary to involve the courts.
If child arrangements are breached repeatedly or there is a serious breach, then we will be able to advise on the best course of action. The first step is generally to try to liaise with the child’s other parent to see if matters can be resolved.
Where this is not possible, then the courts can be asked to enforce the order. They have a range of options available, including:
- Imposing a fine
- Ordering that the parent in default pays compensation if the other parent has suffered a financial loss, for example, if a holiday is missed
- Ordering unpaid work
- Varying the original order or making an order for enforcement
- In the most serious cases, imposing a prison sentence
How much does it cost to apply to the Court for child access?
The cost of applying to the Court for a child arrangements order, or indeed, opposing a child arrangements application, will vary depending on the circumstances of the case and how many hearings are required. If you would like to discuss potential costs, call us today, and we will be happy to answer your questions.
How long do child access court proceedings take?
If you and your child’s other parent are able to agree on arrangements for your child, the court can be asked to seal these into a consent order, and the process will only take a few months. If an agreement cannot be reached and it is necessary for the court to decide, proceedings can sometimes last six months to over a year.
The length of proceedings will vary from case to case and will depend on how complex the matter is, whether Cafcass need to be involved following their preparation of the safeguarding letter, whether there are allegations (such as of domestic violence) that must be resolved and the availability of the appropriate level of Judge.
Our child access fees
We will always ensure that you have clear information relating to our child access fees. We offer fixed fees for some work as well as competitive hourly rates.
If you would like to arrange an initial consultation with a member of our family law team, we can go through the potential costs and answer any questions you may have.
Why choose Henriques Griffiths’ child law solicitors in Bristol?
At Henriques Griffiths, we have been helping families navigate difficult legal issues for nearly 50 years. We have an outstanding reputation and are often recommended by our clients.
We know that you may be going through a difficult time and you will find our family lawyers to be friendly and understanding.
Independent recognition of our expertise
We hold the Law Society’s Advanced Family Law accreditation and all team members are part of the family law group Resolution.
We are also Lexcel accredited by the Law Society for our high standards of practice management and client care and regulated by the Solicitors Regulation Authority (SRA) in confirmation that we meet their exacting legal and professional standards.
Contact our child law solicitors in Bristol today
Speak to one of our child access solicitors now by contacting your local Henriques Griffiths office in Bristol or Winterbourne.
Or use our simple enquiry form to ask a question or request a call back.
