Not all family matters will go to court, and the court encourages alternative methods to agreeing the end of a relationship or contact between parents and their children. Some alternative options for resolving contact issues include:

• Mediation: mediation involves working through any points you disagree on with the support of a trained mediator. The mediator will allow everyone the chance to have their views heard. They aren't there to take sides or advise you and it isn’t the same as counselling. Their objective is to make sure any discussions are focused on the goal of the session and maintain fairness for both parties.
• Alternative dispute resolution: If mediation isn’t an option, we can negotiate on your behalf to draw up and agreement.
• Arbitration: is similar to family court but instead of a judge it is overseen by an impartial arbitrator who will make the final decision. This method gives you more control and you decide on the arbitrator, where you have the meeting and what the focus is. At the end of arbitration the decision given is legally binding, so you have to follow what they decide. Arbitration isn't available for legal aid clients but if you are able to pay for it then it is often a much quicker process.

Court is the final option when all other methods of resolution have failed or have been assessed as unsuitable. Our family solicitors will always aim for the least stressful, most efficient way to resolve your family issues.

The family court is there to make impartial decisions, and its focus will be on what is best for your child. Here's a simple breakdown:

• Final say: The court is often the final authority when parties can't agree by negotiation, mediation, or other means. This means you will have to follow any orders they make.
• Legal framework: The court applies the law to ensure everyone is treated fairly. This can include how and when your child sees each parent, grandparent and other family members.
• Dispute resolution: courts resolve disagreements. If you and the other party are stuck, the court will step in and make a decision based on the evidence presented.
• Protection: if you believe your child is at risk of harm, the court can issue protective orders to keep them safe.
• Enforcement: Once a decision is made, the court may ensure that the arrangement is adhered to, with possible legal consequences if it is not.
• Review and modification: life changes and court orders may also need to be updated. Courts can review and modify arrangements in light of new circumstances.

So, while many child contact agreements can be made outside the courtroom, the court serves as a critical safety net for fair treatment, resolving disputes, and providing protection when needed. At Switalskis, our family solicitors will guide you through the court process if it becomes necessary, making sure you know what to expect every step of the way.

Family law can be complex. At Switalskis, our team of family law solicitors are familiar with every situation. We aim to break down the legal jargon and make things as simple as possible. Whatever your personal situation, we'll support you along the way, and give you expert guidance to understand your rights.

There is no automatic legal right for grandparents to have contact with their grandchildren. However, UK family courts do acknowledge the significant role grandparents play in a grandchild's life. In some cases, permission may be granted by the courts for grandparents to apply for child arrangement orders so that they can spend time with their grandchildren, provided there is no record of abuse, violence or neglect.

As a grandparent there are additional steps to take, speaking to our solicitors will help you to steer this effectively.

For anyone needing legal advice about child arrangements who doesn’t have the financial means, our childcare solicitors offer legal aid representation . It's available for some family disputes over child arrangements.

What assistance does legal aid provide?

Legal aid can cover legal advice, negotiation, and representation in court. In some cases, it may also cover mediation costs to help resolve disputes outside of court.

Applying for legal aid: key considerations

If you want to apply for legal aid, four key factors determine eligibility:

1. Scope – Does your case fall within the areas covered by legal aid? Legal aid is available for specific family law matters, such as domestic abuse protection, care proceedings, and certain child arrangement disputes.
2. Child at risk - If you can show your child is at risk from the other parent you can apply for legal aid.
3. Means test – This financial assessment determines whether you qualify based on your income and assets. You may be eligible for funding if your financial circumstances meet the criteria.
4. Merits test – This test applies to civil legal aid and considers the strength of your case, the likelihood of success, the reasonableness of costs, and the overall benefit to you.

If you think you qualify for legal aid representation please get in touch with our team on 0800 138 0458 or using the form below and they will be able to assess if you meet the criteria for legal aid, help you to apply, advise you and represent you in court.