Understanding a Child Arrangements Order: When to consult a family barrister
Introduction
If you're dealing with family separation, one of the key legal tools is a Child Arrangements Order (formerly known as a “contact and residence order”). But when should you consider calling in a family barrister (via Direct Access) to help you through the process? In this article, we explain what child arrangements orders are, how they work, and when expert legal support is advisable.
What is a Child Arrangements Order?
A court order that sets out where a child lives, who they spend time with, and how decisions about their upbringing are made
Covers residence, contact/visitation, and decision-making (e.g. schooling, religion)
Sometimes includes supervised contact, specific times, holiday arrangements, etc.
The process of obtaining a Child Arrangements Order
Filing Form C100 (or other appropriate application)
Mediation / MIAM (unless exempt)
Court reviews welfare issues, reports (including CAFCASS)
First hearing / directions
Evidence gathering (statements, reports)
Final hearing / order
At every stage, there are legal, procedural and strategic decisions to be made and that’s where a barrister can be invaluable.
When to consult a family barrister via Direct Access
You should strongly consider consulting a barrister when:
There is disagreement over where the child lives or how much time each parent spends
Allegations of abuse, neglect, domestic violence or safeguarding concerns
Relocation proposals (one parent wants to move with the child)
Special guardianship or contact for grandparents
The case is contested and headed for a final hearing
Even if the case seems straightforward, legal nuance matters. A barrister can help you frame your evidence, prepare your statements, and guide whether settlement is realistic.
What a barrister can do (under Direct Access) in child cases
Review your draft C100 or other application
Advise on what evidence to include (e.g. statements, reports)
Help you structure your position statements and chronology
Represent you at first hearing or final hearing
Advise on responding to CAFCASS reports or challenging recommendations
Debrief you after hearings and advise next steps
Keep in mind: under Direct Access rules, your barrister won’t direct all communications, you will remain the primary point of contact for the case.
Example scenario
Imagine you and your ex-partner cannot agree on whether your child lives primarily with you. You file a C100, but the other side contests. A barrister engaged via Direct Access can help you:
Prepare a strong draft statement
Anticipate weaknesses or gaps in your case
Advise whether to apply for expert evidence or reports
Represent you at any interim or final hearing
In many situations, early assistance helps reduce delays, wasted costs and emotional strain.
Tips for working with a barrister on a child arrangements matter
Be transparent and honest about all facts (even difficult ones)
Provide full documentation, past orders, school reports and correspondence
Keep your chronology clear and simple
Ask your barrister early what evidence they recommend
Understand that negotiations or mediation may still play a part
Next steps
If you’re seeking help with a child arrangements dispute, don’t wait until it becomes entrenched. You can reach out today by completing our Direct Access Application Form, and one of our family law barristers will assess your case and explain how we can support you.