Birmingham Child Custody Solicitors: Residence and Contact Orders

Birmingham child custody solicitors hear the same question almost every week: “How do I get a residence order?” or “Can I apply for a contact order to see my kids?” These are fair questions, but the terms are out of date. Residence and contact orders were replaced in April 2014 by a single order called a child arrangements order. Many parents, and plenty of websites, still use the old names. That’s fine, as long as you know what the court actually calls things today and what it looks for.

If you’re separating from your child’s other parent, or you already have and arrangements have broken down, you’re probably worried about a lot at once. Where will your child live? How often will you see them? What happens if the other parent won’t cooperate? Will you have to go to court, and what will it cost?

This guide answers those questions in plain English. It explains how child arrangements orders work in England and Wales, how the family court in Birmingham makes decisions, and what the process looks like from your first conversation with a solicitor to a final hearing. It also covers costs, parental responsibility, safeguarding concerns, enforcement and how to change an order when life moves on.

It isn’t a replacement for advice on your own situation, because every family is different. What it will give you is a clear picture of how the system works, so you can make better decisions and ask the right questions.

Why Parents Still Search for Residence and Contact Orders

Before 2014, family courts in England and Wales made two main types of order about children. A residence order decided where a child lived. A contact order decided who the child would see, how often and in what form.

The problem was the language. Residence orders came with a sense of winning, and contact orders could leave the other parent feeling like a visitor in their own child’s life. Arguments over labels sometimes got in the way of arrangements that worked for the child.

The Children and Families Act 2014 changed this. From 22 April 2014, both orders were merged into the child arrangements order. The idea was to move the focus away from which parent “has” the child and toward practical arrangements.

People still search for the old terms for a few reasons:

• Older court orders made before 2014 still use them, and they remain valid
• Friends, relatives and online forums still use the old language
• “Custody” is the word used on American TV, even though English law hasn’t used it for decades

When you speak to family law solicitors in Birmingham, you can use whichever words feel natural. A good solicitor will understand what you mean and explain how it translates into the current law.

What Replaced Residence and Contact Orders? Child Arrangements Orders Explained

A child arrangements order is made under section 8 of the Children Act 1989. It sets out two main things: who a child lives with, and who a child spends time with or otherwise has contact with. An order can cover one or both.

“Lives With” Orders (Formerly Residence Orders)

A lives with order decides where your child will live. It can name one parent, both parents, or another person such as a grandparent.

A few points are worth knowing:

1. The person named in a lives with order gets parental responsibility if they don’t already have it. For someone who isn’t a parent, such as a grandparent, this lasts while the order is in force.
2. A lives with order usually lasts until the child turns 16, though the court can extend it to 18 in exceptional circumstances.
3. While a lives with order is in place, the named person can take the child abroad for up to one month without the other parent’s consent. Anything longer needs consent or court permission.
4. Nobody can change the child’s surname without the written consent of everyone with parental responsibility, or the court’s permission.

“Spends Time With” Orders (Formerly Contact Orders)

A spends time with order sets out when and how your child sees a parent or another person they don’t live with. The detail can vary a lot depending on the family:

• Direct contact: regular face-to-face time, such as alternate weekends and a midweek visit
• Overnight stays: including holidays split between both homes
• Indirect contact: phone calls, video calls, letters or cards
• Supervised contact: time spent at a contact centre or with a trusted adult present, usually where there are safety concerns

The court tries to be specific enough to avoid arguments but flexible enough that parents can agree small changes between themselves.

Prohibited Steps and Specific Issue Orders

Section 8 also allows two other orders that often come up alongside child custody disputes in Birmingham:

• A prohibited steps order stops a parent from doing something without the court’s permission, such as taking the child out of the country or changing their school.
• A specific issue order resolves a single disagreement, such as which school the child should attend, whether they should have a medical treatment, or whether they can relocate.

These are useful where parents agree on most things but are stuck on one important decision.

How the Family Court Decides: The Welfare Checklist

The most important rule in any case about children is simple: the child’s welfare is the court’s paramount consideration. It comes before either parent’s wishes, convenience or sense of fairness.

To help judges and magistrates apply this principle, section 1(3) of the Children Act 1989 sets out the welfare checklist. You can read the full wording on the official Children Act 1989 section 1 on legislation.gov.uk. The court considers:

1. The child’s wishes and feelings, weighed according to their age and understanding
2. Their physical, emotional and educational needs
3. The likely effect of any change in their circumstances
4. Their age, sex, background and any relevant characteristics, including cultural and religious background
5. Any harm they have suffered or are at risk of suffering
6. How capable each parent is (and any other relevant person) of meeting their needs
7. The range of powers available to the court

Two other principles matter too. The first is the no order principle: the court only makes an order if doing so is better for the child than making no order at all. The second is the presumption of parental involvement. It says that, unless shown otherwise, a child benefits from the involvement of both parents. It doesn’t mean equal time, and it doesn’t apply where involvement would put the child at risk. The government has announced plans to repeal this presumption following concerns about domestic abuse cases, so it’s worth checking the current position with your solicitor.

In practice, the checklist is why Birmingham child custody solicitors spend so much time on evidence about routines, schooling, health and stability. The more clearly you can show how your proposal meets your child’s needs, the stronger your position.

How Birmingham Child Custody Solicitors Guide You Through the Process

Most child arrangements cases follow a similar path. Here’s how it usually works, and where a solicitor adds value at each stage.

Step 1: Early Advice and Negotiation

The first meeting is about understanding your situation. Your solicitor will ask about your child’s current routine, the history of your relationship, any safety concerns and what you’d like to happen.

Many cases settle at this stage. A carefully written solicitor’s letter setting out a reasonable proposal can bring the other parent to the table without anyone going near a courtroom. Where agreement is reached, it can be recorded in a parenting plan, or turned into a consent order if you want it legally binding.

Step 2: The MIAM (Mediation Information and Assessment Meeting)

Before applying to court, you’ll normally need to attend a MIAM. This is a short meeting with an accredited mediator who explains how mediation works and whether it’s suitable for your case.

There are exemptions. You won’t need a MIAM if there’s evidence of domestic abuse, child protection concerns or genuine urgency. Since 2024 the court also expects parents to show they’ve properly considered non-court options, and a judge can pause proceedings to encourage this.

The Family Mediation Council lets you search for accredited mediators in Birmingham and the West Midlands.

Step 3: Applying to Court with Form C100

If mediation doesn’t work or isn’t appropriate, the next step is to apply using form C100. This form sets out who you are, who the child is, what order you’re asking for and whether there are any safety concerns. A court fee applies, and you may qualify for help with fees if you’re on a low income.

In Birmingham, most applications are dealt with at the Birmingham Civil and Family Justice Centre at Priory Courts on Bull Street.

The C100 matters more than people expect. What you write shapes how the court and Cafcass first see your case, so it’s worth getting advice on it.

Step 4: Cafcass Safeguarding Checks

Once your application is issued, Cafcass (the Children and Family Court Advisory and Support Service) carries out safeguarding checks. These include police and local authority checks and short phone interviews with each parent.

Cafcass then sends a safeguarding letter to the court before the first hearing, flagging any concerns. You can find out more about their role on the Cafcass official website.

Step 5: The First Hearing (FHDRA)

The First Hearing Dispute Resolution Appointment is usually the first time you’ll be in front of a judge or magistrates. A Cafcass officer is often present.

At this hearing the court will:

• Try to help parents reach agreement
• Identify the issues in dispute
• Decide whether a section 7 report is needed (a detailed welfare report from Cafcass or social services)
• Consider whether a fact-finding hearing is needed on allegations such as domestic abuse
• Set a timetable for evidence and further hearings
• Sometimes make an interim order so the child sees both parents while the case continues

Plenty of cases settle at or shortly after the FHDRA.

Step 6: Dispute Resolution Appointment and Final Hearing

If the case doesn’t settle, there’s usually a Dispute Resolution Appointment (DRA) once reports and statements are in. This is another chance to reach agreement with the benefit of the evidence.

If that fails, the case goes to a final hearing. Both parents give evidence, the Cafcass officer may be questioned, and the court makes a decision. Your solicitor may instruct a barrister for this hearing, especially in complex cases.

Shared Care and Joint Lives-With Orders

A common misunderstanding is that one parent has to “win” residence. That isn’t true. The court can make a shared lives with order, naming both parents as people the child lives with.

This doesn’t have to mean a strict 50/50 split. A child might spend nine nights out of fourteen with one parent and five with the other, and still be said to live with both. What matters is that both homes are genuinely the child’s home.

Shared care tends to work best where:

• Both parents live reasonably close to the child’s school
• Communication between parents is civil, even if not warm
• The child is comfortable moving between homes
• Both parents can manage the practical side, such as school runs and after-school clubs

Where parents are in serious conflict, courts can be cautious about shared care because it can leave the child caught in the middle. A shared order can still be made in some high-conflict cases, though, particularly where it helps show that both parents are equally important.

Parental Responsibility and What an Order Changes

Parental responsibility means the legal rights, duties and authority a parent has for a child. It covers decisions about schooling, medical treatment, religion and where the child lives.

Here’s who has it automatically:

• Mothers always have parental responsibility
• Fathers have it if they were married to the mother at the time of birth, or are named on the birth certificate for births registered from 1 December 2003
• Second female parents have it in similar circumstances

Unmarried fathers without it can get it by agreement with the mother, by a court order, or by being named in a lives with order.

A child arrangements order doesn’t take parental responsibility away from anyone. A parent whose child lives mainly with the other parent still has an equal say in major decisions. Day-to-day choices, such as bedtimes or what the child eats, are generally for whoever the child is with at the time.

Domestic Abuse and Safeguarding Concerns

Where there are allegations of domestic abuse, the court follows Practice Direction 12J. This requires the court to identify allegations early and decide whether they need to be proved before any final order is made.

If you’ve experienced abuse, there are protections available:

• You may be exempt from the MIAM requirement
• You can ask for special measures at court, such as separate waiting areas, screens or giving evidence by video
• The Domestic Abuse Act 2021 stops abusers from cross-examining their victims in person in family proceedings
• Legal aid may be available if you have evidence of abuse and meet the financial test

If you’re facing allegations yourself, getting advice early is just as important. Unproven allegations can still affect interim arrangements, so how you respond matters a great deal.

Birmingham child custody solicitors with experience in these cases can help you gather the right evidence, prepare a clear statement and make sure the court process is safe for you and your child.

How Long Does a Child Arrangements Case Take in Birmingham?

There’s no fixed answer, but here’s a realistic guide:

Case type	Typical timescale
Agreed arrangements with a consent order	A few weeks to a few months
Case that settles at the FHDRA	Around 2 to 4 months from application
Case needing a section 7 report	Often 6 to 12 months
Case with a fact-finding hearing	Frequently 12 months or longer

National figures have shown private law children cases taking an average of well over 40 weeks, and busy court centres like Birmingham can face delays. Early advice, a well-prepared application and a willingness to negotiate can all shorten the process.

What Does It Cost? Legal Aid, Fixed Fees and Court Fees

Cost is a real worry for most parents. Here’s how it usually breaks down.

Court fees: There’s a fee to issue a C100 application. Current fees and the help with fees scheme are listed on GOV.UK. The official guide to making child arrangements if you separate is a useful starting point.

Legal aid: Since 2013, legal aid for private family cases has been limited. It’s generally only available where there’s evidence of domestic abuse or a risk of child abuse, and you meet the means test. Mediation can also be covered by legal aid for eligible people, and the first MIAM is free for both parties if one of them qualifies.

Solicitor’s fees: Most family law solicitors in Birmingham charge hourly rates, fixed fees for set stages, or a mix of both. Fixed fees are common for:

• An initial consultation
• Preparing a C100 application
• Attending a FHDRA
• Drafting a consent order

Always ask for a written estimate and a clear explanation of what is and isn’t included.

Hidden costs: Barristers’ fees for hearings, expert reports and drug or alcohol testing can add up. Your solicitor should flag these early.

When the Other Parent Breaks the Order: Enforcement

A child arrangements order is a court order, and breaking it without a reasonable excuse is serious. Every order carries a warning notice explaining the consequences.

If the other parent isn’t following the order, the court can:

1. Refer both parents to a Separated Parents Information Programme or similar activity
2. Make an enforcement order, requiring the parent to do unpaid work
3. Order compensation for financial loss, such as a wasted holiday booking
4. Vary the order, which in some cases can mean changing who the child lives with
5. Treat the breach as contempt of court, which can lead to a fine or, rarely, imprisonment

Keep a factual record of missed handovers, cancelled calls or late returns. Dates, times and short notes are far more useful to a court than long emotional accounts.

Courts do accept that there can be good reasons for not following an order, such as a genuine safeguarding concern. If you’ve stopped contact because you’re worried about your child’s safety, get advice straight away and consider applying to vary the order rather than simply withholding the child.

Varying an Order When Life Changes

Children grow up, and arrangements that worked for a four-year-old may not suit a twelve-year-old. Parents move house, change jobs or form new relationships. Orders can be changed to reflect this.

If both parents agree, a new consent order can be drawn up. If not, either parent can apply to the court to vary or discharge the existing order, using the same C100 form.

Some common reasons for variation include:

• A child’s wishes changing as they get older
• One parent moving further away
• A change in work patterns that affects handovers
• Concerns about a new partner or household
• Relocation abroad, which needs either full consent or the court’s permission

Relocation cases, especially international ones, are among the hardest in family law. The court looks carefully at the reasons for the move, how well it has been planned, and what it would mean for the child’s relationship with the parent left behind.

Choosing the Right Birmingham Child Custody Solicitors

The solicitor you choose can shape both the outcome and how the process feels. Here’s what to look for:

• Specialist experience: Look for solicitors who focus on children law rather than general practice
• Resolution membership: Resolution members follow a code of practice that favours a constructive, non-confrontational approach
• Children Panel accreditation: This Law Society accreditation shows a high level of expertise in cases involving children
• Local court knowledge: Familiarity with the Birmingham Civil and Family Justice Centre and local Cafcass teams helps
• Clear pricing: You should understand what you’re paying for from the outset
• Good communication: You should feel listened to and kept updated

A good solicitor won’t promise you a particular outcome. They’ll give you an honest view of your case, including its weak points, and help you decide how to move forward.

Practical Tips for Parents Going Through a Child Arrangements Case

The legal process is only part of the picture. How you handle yourself during a case matters too.

1. Keep your child out of it. Don’t discuss the case with them or ask them to pass messages.
2. Stay child-focused in every message. Assume anything you text or email could be read by a judge.
3. Keep a simple diary. Note handovers, missed contact and anything important about your child’s wellbeing.
4. Be reasonable and consistent. Courts notice which parent tries to make arrangements work.
5. Look after yourself. Separation is stressful. Support from friends, family or a counsellor can make a real difference.
6. Stay off social media. Posts about your ex or the case can be used as evidence against you.
7. Follow any interim order, even if you disagree with it. If it isn’t working, ask your solicitor about changing it.

Conclusion

Residence and contact orders may be the terms many parents still use, but since 2014 the family court in England and Wales has dealt with these issues through child arrangements orders, which set out who a child lives with and who they spend time with. Every decision is guided by the child’s welfare and the welfare checklist, and the process usually moves from early negotiation and a MIAM to a C100 application, Cafcass safeguarding checks, a first hearing and, if needed, a final hearing at the Birmingham Civil and Family Justice Centre.

Along the way, parents need to understand parental responsibility, the protections available where there’s domestic abuse, the realistic costs and timescales, and how orders can be enforced or varied as children grow. With specialist Birmingham child custody solicitors on your side and a steady, child-focused approach, you give yourself the best chance of reaching arrangements that are safe, workable and right for your child.