Do I Have to Go to Court for Parenting Disputes?

24th September 2025

For separating parents: if you’re worried about court and wondering whether there’s another way to sort out child arrangements, this guide explains what to try first.

In most cases, no — going to court is a last resort. Parents are expected to try to resolve arrangements for their children without formal proceedings wherever possible. There are three common routes:

Direct agreement between parents;
Negotiation through family solicitors;
Mediation — a voluntary, confidential process where a trained, neutral mediator helps you reach an agreement.

If you are looking for a family solicitor or mediator, start with the Resolution website. Resolution is a community of family law professionals committed to a constructive, non-confrontational approach to resolving family disputes. Their members follow a Code of Practice which puts the best interests of the children first. You can search for a Resolution-accredited solicitor or mediator near you at www.resolution.org.uk.

Before making a court application, you will usually be required to attend a Mediation Information and Assessment Meeting (MIAM). This is a short, confidential meeting with a trained family mediator, usually lasting around 45 minutes to an hour. The purpose of a MIAM is to explore whether your dispute could be resolved through mediation, rather than court proceedings. At the MIAM, the mediator will usually:

Explain what mediation involves and how it works;
Talk through your situation and any concerns you may have;
Assess whether mediation is appropriate, safe, and workable in your case;
Discuss the next steps — including how to invite the other parent to attend, and what happens if mediation goes ahead or is declined.

Attending a MIAM is a legal requirement before making most family court applications, unless you are exempt. Exemptions apply in limited circumstances, such as where there is urgency, a risk of harm, or domestic abuse.

If an agreement still cannot be reached, then you may need to proceed with an application for a Child Arrangements Order using Form C100.Need help navigating life as a separated parent? You’re not alone — explore our list of separated parenting programmes.

Written by: Yasmin Kahn-Gunns, Family Lawyer