As family solicitors, we understand that navigating the legal system—especially when it concerns your child—can be emotionally overwhelming and often confusing. If a parent or carer has applied to the family court to help resolve issues around child arrangements, you may be involved in what are known as Private Law proceedings.

So, what does this actually mean—and what can you expect?

What Are Private Law Proceedings?

Private Law proceedings involve court applications made by individuals (usually parents or carers) about a child’s upbringing. These applications are made when those involved can’t agree on arrangements and are asking the court to intervene.

Common types of Private Law applications include:

• Child Arrangements Order: This sets out where a child will live and who they will spend time with.
• Specific Issue Order: Used when parents disagree about a specific decision—such as education, medical treatment, or religious upbringing—and the court is asked to decide.
• Prohibited Steps Order: Prevents a parent from making a specific decision about the child, such as removing them from the country or changing schools.

The Court Process: What Happens First?

When an application is made, the family court notifies Cafcass (Children and Family Court Advisory and Support Service), and that’s when the safeguarding checks begin.

Cafcass will:

• Conduct background checks with the police and local authorities.
• Assess any safeguarding risks to the child.
• Offer both parents an interview with a Family Court Adviser (FCA).

At this stage, the FCA only speaks to the adults involved—not the child. Their findings are submitted to the court in a Safeguarding Letter, which helps inform the court about what is safe and in the best interests of the child.

The FCA may also help parents try to reach an agreement without further court involvement —because wherever possible, it’s always better for children when their parents can work things out together.

Key Hearings and What They Mean

Once the application is made, the court will set a date for a First Hearing Dispute Resolution Appointment (FHDRA). This is an early opportunity for the court to understand the issues and decide whether to:

• Involve Cafcass further,
• Appoint an expert (such as a psychologist), or
• Refer the case to mediation.

If things aren’t resolved at this stage, the court may adjourn proceedings to allow time for a report from Cafcass or another professional. This can take several weeks or even months depending on the circumstances.

Next comes the Dispute Resolution Hearing (DRH). The aim here is to narrow the issues and see if an agreement can be reached before going to a final hearing.

If agreement is still not possible, the court will list the matter for a Final Hearing, where a judge will make a binding decision based on all the evidence.

What Does the Court Expect from Parents?

Before making an application to the court, it’s important to understand that judges expect parents to have tried to reach an agreement themselves. This may involve:

• Direct discussions between the parents.
• Support from a family mediator.
• Legal advice from a family solicitor.

Family courts work on the principle that both parents share responsibility for their child, and this continues even after separation or divorce.

It can be incredibly difficult when you feel unheard or misunderstood. We see how much time, energy, and financial resources parents invest in preparing their case. But ultimately, the court’s role is to decide what is in the best interests of the child, which may not always match what either parent is asking for.

How the Court Reaches a Decision

The court considers a range of factors, including:

• The child’s wishes and feelings (depending on age and maturity),
• Their physical, emotional, and educational needs,
• Any potential risks to their welfare or safety.

In the absence of safeguarding concerns, the court usually believes it’s in the child’s best interest to:

• Have a meaningful relationship with both parents,
• Be encouraged by each parent to have a good relationship with the other,
• Spend time with both parents, unless there is a compelling reason not to.

A parent’s failure to pay child support, for example, is not a valid reason to prevent contact with the child. Conversely, if there is credible evidence that contact could cause the child harm, the court will take that very seriously—and may choose to restrict or deny contact.

Making Changes or Applying for a Court Order

If you want to change child arrangements that are already in place, you’ll need to first attempt to reach agreement with the other parent. If that’s not possible, the court will expect you to have at least tried mediation before making a new application.

Experience shows that agreements made between parents, with or without support, are often more sustainable and effective than court-imposed orders.

Final Thoughts from a Family Solicitor

Court can play an important role in restoring or adjusting contact arrangements, especially when they’ve broken down completely. However, it’s not always the best way to improve the
parenting relationship, which is key to your child’s long-term wellbeing.

If you are separating or facing a dispute about your child’s care, we always recommend speaking to a family solicitor early on. We can guide you through your options, support you
in mediation, and—if necessary—represent you in court.

Above all, we’re here to help you focus on what matters most: making the right decisions for your child.