Navigating the Family Court in Children Matters 

A guide for separated parents going to court.

Author: Babatunde Akinyanju, Consultant Solicitor at Setfords | Last updated: 9th September 2026 | Read time: 8 minutes

In this article, Consultant Solicitor Babatunde Akinyanju discusses what to expect if you’re attending family court for a children matter, and what happens at family court hearings within the family court process.

Key takeaways

• Family courts deal with a wide range of children matters, from private disputes between parents to public law cases involving Children’s Services.
• There are three levels of judiciary in the Family Court: lay Justices, District Judges, and Circuit Judges. The court decides which level handles your case.
• Arrive at least one hour before your hearing to allow time for security checks and finding your courtroom.
• Timelines vary widely: straightforward, agreed private law applications may resolve within a few months, while contested or public law cases may take considerably longer.
• Everything discussed in the courtroom is confidential and must not be shared outside it without the judge’s written permission.

What matters do family courts deal with?

Family courts deal with a wide range of children matters and other issues concerning families. This includes private disputes about child arrangements, parental responsibility, and specific upbringing issues, as well as public law cases involving Children’s Services.

Family courts also oversee orders such as special guardianship, step-parent adoption, and parental orders. The family court process aims to resolve these matters by focusing on the child’s welfare and by clarifying living arrangements, contact, safety, and permanence.

What are the typical family court orders?

There are many different kinds of court orders in family proceedings. Please note, these are orders for children matters, not divorce.

Private law

‘Private law’ refers to disputes over children matters between individuals, typically parents, relatives, or others with parental responsibility. The reference to ‘parent’ below could indicate the child’s father, mother, grandparent, guardian, or other relative.

Child Arrangements Order (CAO): this is the overall order that decides where your child lives, when they spend time with each parent, and what kind of contact takes place.

Live with order (previously referred to as ‘custody’ or ‘residence order’): an order regarding the child’s living arrangements. For example, do they live and sleep in Parent A’s home, or at Parent B’s?

Shared care or Joint lives with: an order that determines the child lives with each separated parent. It could be a 50–50 split, or any other split as agreed by the parents or ordered by the judge.

Spend time (previously referred to as ‘contact’ or ‘access’): this order determines how much time the child spends with a particular parent. For example, it could be a couple of hours per week, every other weekend, or something else, depending on the child’s needs and the capacity of each parent to care for them.

Direct contact: this means that the child is spending time physically with the parent, either at the parent’s home, a relative’s home, or in a public place such as a play area, shopping centre, or restaurant.

Supervised or supported contact: this means the child sees the parent at a dedicated child contact centre.

Indirect contact: this means that the child is not spending time physically with the parent. Instead, contact may be by video call, telephone, or by correspondence only.

Prohibited Steps Order (PSO): an order that means a parent cannot exercise their rights and duties without the consent of the other parent or the court.

Specific Issue Order: this covers miscellaneous circumstances where separated parents are in dispute about the child’s upbringing. It includes issues about education, religion, medication, relocation to another part of the UK or abroad, holidays, and more.

Other private law orders include:

Parental orders: an order that transfers the legal parental status from the surrogate to the intended parents following a surrogacy arrangement.

Special guardianship order: an order naming a child’s special guardian (i.e. someone who is not their birth parent), who then holds parental responsibility for the child.

Step-parent adoption: an order that makes a step-parent a child’s legal parent alongside their partner, giving them parental responsibility and removing this from the child’s other birth parent.

Applications by the Local Authority Social Workers (Children’s Services)

Sometimes, the local authority will be involved in children matters. Court orders involving the local authority social workers, also known as Children’s Services, include:

Emergency protection order: an immediate, short-term order used to protect a child from harm, e.g. removing or keeping them where they are for their safety.

Care order: this enables the local authority to share parental responsibility for the child and decide where they will live, for example taking them in to care or placing them with relatives.

Supervision order: this places the child under the supervision of the local authority, who then has a duty to advise and assist the child and their family.

Placement/Adoption order: this enables a local authority to place a child for adoption by approved adopters.

Secure accommodation order: an order that allows the local authority to place a child in secure accommodation, e.g. a secure children’s home, where they will not be free to come and go. These are only made in specific circumstances where the child will likely come to harm in other settings.

Deprivation of Liberty order: this order makes it lawful to deprive a child of their liberty to protect them from harm, not necessarily in a secure children’s home.

What is the role of a family court judge?

Judges in the Family Court

There are three categories of judges in the Family Court. When an application is sent to the court, a judge or Justices’ Legal Adviser will decide what level of judiciary deals with the case.

1. Lay Justices (Magistrates) are lay persons (not legally qualified) who volunteer their time to sit in the Family Court. They receive training in the law. Justices sit as a bench of 3 or minimum of 2. The justice who sits in the middle is the chair and they are addressed as “Sir” or “Madam” in court.

The Justices’ Legal Adviser (JLA) is a professional lawyer who advises lay justices about family law and procedure in court. The JLA also assists the justices in drafting their judgements and order. JLAs sometimes sit in court without lay justices to make case management decisions.

2. District Judge (DJ). A District Judge is an experienced professional judge in the family court. Most DJs also deal with civil matters in the county court. A Deputy District Judge (DDJ) is a professional judge who sits part-time. DJs or DDJs are addressed as “Judge” in court.

3. A Circuit Judge (CJ) is the most senior judge in the family court. CJs hear extremely serious cases, such as cases involving sexual or severe physical abuse of a child. Recorders are judges who sit part-time. CJs are addressed as “Your Honour.”

What should I expect when arriving at court?

Accessibility

Most court buildings are wheelchair accessible. Inform court staff in advance of mobility or other issues (braille, hearing, language issues) to ensure that adjustments are available to enable participation in the family court process. For example, if your case is listed on the 4th floor and the lift is out of order, the case may be moved to a courtroom on street level.

What time to arrive

Arrive at least one hour before the time you are due to be in court. You need to go through security checks at the entrance, so only bring essential items with you.

Case number

Have a hard copy of the letter you received from the court to hand. It will include the case number, which you need to find the courtroom where your case will be heard. If there is an usher present, show them your paperwork or check the court notice board for the courtroom location. If in doubt, ask security.

Wifi

Wifi connection is available via GovWifi. You’ll need to create an account to access it.

How long do family court cases usually take?

Be prepared for a long wait before your case is called. Courts tend to have busy caseloads and may “block-list” cases, meaning different cases can be listed at the same time. It is up to the judge or legal adviser on the day to decide priority. Cases can overrun beyond their allocated time, which may result in a morning case being called after lunch or postponed.

Overall timelines in family courts vary: straightforward private law applications may resolve within a few months if parties agree, while contested cases or public law matters can take considerably longer, depending on assessments, reports, and hearing dates.

Understanding what happens at family court hearings helps manage expectations about duration within the family court process.

What happens inside the courtroom?

Mobile phones must be switched off.

Recording is not allowed. Unlawful recording in court constitutes contempt of court and could result in imprisonment.

Discussions, pronouncements, and court orders are confidential and must not be shared with anyone outside the courtroom unless the judge has given written permission. This applies across family courts to protect the privacy of children and families.

When to speak to a solicitor

Family court proceedings can feel daunting, particularly if you’re attending for the first time or a matter involves Children’s Services. A specialist children law solicitor can help you understand which order applies to your situation, what to expect at each hearing, and how to prepare.

It’s worth speaking to a solicitor if:

• You’ve received a court letter or application and aren’t sure what it means for you.
• You’re unsure which type of order you need, or which one is being sought against you.
• Children’s Services have become involved in your family’s situation.
• A hearing date is approaching and you haven’t yet had legal advice.
• You feel unsafe, or safeguarding concerns are part of your case.

FAQs

Do I need a solicitor to go to family court? 

It’s highly recommended. A solicitor can help you understand the process, prepare your paperwork, and know what to expect at each hearing, particularly in contested or Children’s Services cases.

What should I bring with me to a family court hearing? 

Bring a hard copy of your court letter, which contains your case number, along with any documents the court has asked for. Only bring essential items, as you’ll go through security checks on arrival.

Can I record a family court hearing?

No. Recording is not allowed in family court. Doing so without permission is contempt of court, which could result in imprisonment.

What’s the difference between private law and public law family cases?

Private law cases are disputes between individuals, usually parents, over arrangements for a child. Public law cases involve the local authority (Children’s Services) and can lead to orders such as care or supervision orders.

Will a judge decide my case straight away?

Not usually. Family courts often deal with several cases in one list, and hearings can take longer than scheduled, so cases may be delayed or adjourned. Straightforward, agreed cases tend to resolve faster than contested ones.

About the author

Babatunde Akinyanju is a Consultant Solicitor at Setfords, specialising in Children Law, Criminal Law, and Professional Misconduct. Prior to joining Setfords, he was a Justices’ Legal Adviser for several years in family courts.

This article is general information about family court proceedings in England and Wales and is not legal advice. The law and court processes can change, and every situation is different, so please speak to a qualified children law solicitor about your circumstances.