Being accused of domestic abuse can create significant challenges when it comes to maintaining contact with your children. However, there are legal avenues available to help you and your former partner reach arrangements that prioritise what matters most—the wellbeing of your child.
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Legal aid for child arrangement orders in England and Wales is typically only available to individuals who meet strict financial criteria, including having a low income and limited savings, and who can provide evidence of domestic or child abuse.
Applications are subject to both means and merits testing, and, where granted, legal aid can cover legal representation, court fees, and mediation costs. In cases where care proceedings are brought by a local authority, non-means-tested legal aid is automatically available. Eligibility and Evidence
To qualify, you must be able to provide appropriate supporting evidence:
Domestic abuse: Evidence of physical, emotional, or psychological abuse, including sexual abuse, violence, or stalking by the other party.
Risk to the child: Evidence demonstrating that the child is at risk of harm or abuse from the other party.
Accepted forms of evidence: This may include court orders, police reports, medical records, or written confirmation from healthcare professionals or social services.
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Private Client
A child arrangement order is a court order that decides where a child lives and who they spend time with. These cases can be privately funded, meaning the client pays for legal advice and representation, rather than using legal aid.
Who Can Apply?
Usually parents or guardians
In some cases, grandparents or other family members with the court’s permission
What the Court Decides
Where the child lives (live with orders)
Who the child spends time with (spend time with/contact orders)
Arrangements for schooling, holidays, or relocation
The court’s primary concern is the child’s welfare, guided by the Children Act 1989 welfare checklist.
How It Works
Mediation first: Parties are generally expected to attend a Mediation Information and Assessment Meeting (MIAM) unless exemptions apply (e.g., domestic abuse).
Court application: If mediation fails or is unsuitable, a C100 application is submitted to the Family Court.
Court process may include:
Safeguarding checks by CAFCASS (Children and Family Court Advisory and Support Service)
Directions hearings to clarify issues
Evidence gathering (statements, expert reports)
Final hearing if no agreement is reached
Private Legal Representation
Clients pay for solicitors or barristers who:
Provide tailored advice
Draft court documents
Negotiate settlements
Represent the client in court hearings
Focus on Resolution
The court encourages agreement wherever possible, as cooperative arrangements are usually in the child’s best interests. If no agreement is reached, the court imposes an order to promote the child’s welfare while maintaining meaningful relationships where safe.
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The information provided here is for general guidance only. It does not constitute legal advice. You should seek advice from a qualified solicitor or barrister before taking any legal action regarding child arrangements or other family law matters.