Family Solicitors Winchester

Child Arrangements

Our Family Team have a wealth of knowledge to advise on the best options to resolve all types of children disputes.

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Rachael Cole

How can we help?

We regularly advise on a wide range of child-related matters, including shared care arrangements, parental responsibility, and applications for Special Guardianship Orders or change of name deeds. Our team is also experienced in handling more complex or high-conflict cases, including those involving domestic abuse, child abuse, parental alienation, drug or alcohol addiction, and mental health concerns.

Where court proceedings are necessary, our lawyers have extensive experience representing clients in Children Act proceedings. This often involves applications for Child Arrangements Orders relating to where the child lives, but may also include resolving specific disputes through applications such as Prohibited Steps Orders or Specific Issue Orders.

Where appropriate, we are able to challenge CAFCASS reports, including Section 7 reports, and can instruct independent experts to ensure that all relevant evidence is properly considered.

If a child cannot remain in the care of their parents, wider family members can play an important role. If you are a relative, such as a grandparent caring for a child, we can advise you on formalising arrangements through a Special Guardianship Order and guide you through the process.

Court Orders

In addition to deciding where a child lives and the time they spend with each parent, Court Orders can also be used to resolve specific issues such as schooling, holidays and relocation.

Child Arrangements Order

A Child Arrangements Order is a court order which determines where a child will live and how much time they will spend with each parent. The court will always prioritise the welfare of the child over the preferences of the parents. These arrangements were previously known as custody, residence, or contact.

Specific Issue Order

A Specific Issue Order is issued when the court is asked to determine a particular question which concerns a child. The court can decide disputes between parents or holders of PR such as where a child should go to school, whether a child can relocate, or whether they should have a particular type of medical treatment. A SIO may also require a parent to return a child to the other parent’s care.

Prohibited Steps Order

A Prohibited Steps Order is a court order that imposes a restriction on a parent, preventing them from taking a certain action without the consent of the other parent or the Court. This could be, for example, to prevent a child’s name being changed or to prevent a parent from relocating with a child or taking a child abroad.

Special Guardianship Order

A Special Guardianship Order (SGO) appoints a person - often a grandparent, relative, or family friend - as a child’s special guardian. The guardian gains parental responsibility and can make most decisions about the child’s upbringing. An SGO provides a secure, long-term home for a child who cannot live with their birth parents, usually until they turn 18. Any contact with parents will be based on the child’s best interests.

Why Choose Shentons for your Child Arrangements? 

Our Family Team combines strong legal expertise with a practical and supportive approach. We understand the impact that disputes involving children can have, and we work closely with you to find a solution that feels right for your family.

As proud members of Resolution, we are committed to helping parents resolve matters constructively and, where possible, without the need for court proceedings. We can guide you through more amicable approaches, including preparing a parenting plan or supporting you through mediation or arbitration, helping to reduce conflict and keep discussions focused on your child’s best interests.

Where court involvement is required, we provide clear, straightforward advice and robust representation, so that you feel confident at every stage of the process.

Whether you are seeking to agree arrangements amicably or need support through court proceedings, we are here to help you move forward with confidence.

"The Team has worked so hard to fight for me and my children which has meant everything to me. Words seriously can't express how grateful I am."

There is no automatic right to a 50/50 shared care arrangement. Decisions about how much time a child spends with each parent should be based on the child's welfare and best interests. While an equal sharing of time may be appropriate for some families, it will not be suitable or practical in every case. If parents are unable to agree on a child’s living arrangements, either parent can apply to the court for a Child Arrangements Order.

A parent can restrict or stop contact. This will only be justified if there is a genuine reason, such as concerns about the child’s welfare or safety while they are in your care. If you feel that contact with your child is being unfairly denied, you can make an application to the court for a Child Arrangements Order.

It may be a criminal offence (child abducting) to take your child abroad without written consent from all persons with parental responsibility, or permission from the court. If you have a Child Arrangements Order confirming that the child lives with you, you may usually take them abroad for up to 28 days without the other parent's consent, unless this will interfere with their contact, or the order specifically states otherwise.

Court orders are legally binding, and both parents are expected to comply with them. If your ex breaches an order without ‘reasonable excuse’, you can apply to the court for the order to be enforced. The court may vary the child arrangements, impose unpaid work on the parent in breach, or even send them to prison in serious cases. The police will not usually act when there has been a breach.

A child's mother automatically has parental responsibility from birth. Fathers who are married to the mother at the time of the child's birth will also automatically have parental responsibility. If the parents are not married, the father can get parental responsibility by being named on the child's birth certificate (with the mother's agreement), entering into a formal Parental Responsibility Agreement, or obtaining a Parental Responsibility Order.

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4.3 on Google Review

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Julie Gordon

7 months ago
Exceptional service for all the team, especially Liz. No hidden surprises, clear and precise information and I was guided the whole way through my divorce. I felt supported and listened to. Highly recommend.
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Liz Cockram

5 months ago
I highly recommend Hannah Adams and the team at Shentons. They were all incredibly kind, patient and really listened to the details of our particular situation. We were seen quickly, which was very important for us due to EHCP Tribunal deadlines. The expertise and depth of information we recieved in meetings and reports was invaluable. It also allowed me to proceed with clarity and confidence, where I had previously felt lost in the vast amount of very subject specific paperwork which had been sent to us. We followed Hannah's advice when looking for other professionals to assess our child and gain the relevant reports. We also followed up on a possible area of need she identified, resulting in a new diagnosis and subsequent support from the NHS. I am incredibly happy to say my child is enjoying his second week at our chosen school, something the LA finally agreed to after nearly a year of fighting but 5+ months before our court date. Our child is now in a setting which will support him for the next 7.5 years.
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Edward Ramsay

7 months ago
I cannot speak highly enough of Chloe jay of whom was my legal representation during what was the most serious and stressful period of my life. From the very beginning, Chloe demonstrated exceptional professionalism, intelligence, and dedication to my case. Chloe had an outstanding understanding of the law and an ability to explain complex issues clearly and honestly, which gave me confidence at every stage of the proceedings. In court, Chloe's advocacy was calm, authoritative, and compelling. Chloe was meticulous in her preparation, strategic in her approach, and fearless when it mattered most. What truly impressed me about Chloe was her commitment to justice and to me as a client. Chloe treated my case with the seriousness it deserved, listened carefully, and fought relentlessly on my behalf. I always felt supported, respected, and in safe hands. Chloe worked in my case beyond my expectations and into the early hours of the morning sometimes to ensure that I as her Client had the greatest chance success each day of trial. I am deeply grateful to Chloe and would not hesitate to recommend her to anyone facing a serious legal matter. If you need a barrister who is highly skilled, principled, and unwavering in their commitment to their client, I cannot recommend them strongly enough. Thank you Chloe and to all at Shentons who assisted in my case.
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Jennifer Cole

6 months ago
Shentons helped me through a really difficult time in my life when I was locked in a legal battle with my old partner about our joint house. I am so grateful for Shentons' excellent counsel, efficiency and human touch. I did get a great outcome in the end which has meant I can be free and financially secure again.
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Abi Alsford

4 months ago
Rachael, Alex and the team were amazing during my custody case. They were reassuring, helpful and professional every step of the way. I can’t thank them enough
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