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Contact and residence

When parents are separating, divorcing or applying to end a civil partnership, a decision needs to be made on arrangements for the children. If the parents can’t agree on arrangements for their children (like where the children will live), then they can apply to the family courts.

The courts will make a decision and issue a Contact or Residence Order that will decide visiting rights and where the children will live.

Court proceedings can be long, expensive and very stressful for the whole family. Instead of going through this process, many parents find a better option is to use family mediation. Family mediation is a way of solving disagreements after your relationship has broken down, without involving lawyers or the courts.

In mediation, family members explain their concerns and needs to each other in the presence of a mediator. The mediator helps them to reach an agreement without taking sides.

Child welfare

If Social Services feel it would be in a child’s best interest or is necessary for the child’s safety, they can ask the courts to issue one of the following:

Care orders

A care order places a child under the care of a local authority, because the child is suffering or at risk of harm. The local authority then shares parental responsibility for the child with the parents.

Supervision orders

These orders are made on the same basis as care orders - that the child is suffering or is likely to suffer harm. Parental responsibility remains with the parents, but the child is given a supervisor who keeps a close eye on their welfare.

Emergency protection orders

If a child is thought to be at immediate risk of harm where they currently live, the court can issue an emergency protection order. This moves the child from where they live to local authority care.

Secure accommodation orders

If a child is thought to be a risk to themselves or others, the court can issue a secure accommodation order. This means they are placed in accommodation and prevented from leaving. Secure accommodation orders are also issued if the child has a history of running away, and is likely to do so again.

When any of the above orders are made, A Cafcass (Children and Family Court Advisory and Support Service) practitioner will be present. They will advise the court so that any decisions made are in the best interests of the child.

• Care orders

• Supervision orders Opens new window

• Emergency protection orders Opens new window

• Secure accommodation orders Opens new window

Adoption applications

Adoption is a legal act that permanently transfers parental responsibility for a child from one family to another. Family courts deal with all adoption applications, including those for stepchild adoption.

• Adoption - find out more

Useful contacts

• Parents contacts