December 2021

Birth injuries to mothers: Medical negligence claims

Posted on 21 December 202124 March 2025 by Sarah O'Sullivan

Birth related injuries to mothers can be absolutely devastating, and can have long-term effects. They can affect personal relationships, careers and mental health.

Some childbirth injuries are unavoidable, and they can be a natural part of having a baby. Childbirth injuries can have an impact on the psychological and/or physical well-being of a woman. Injury can occur during any pregnancy, even if the mother has no risk factors and the pregnancy is deemed to be normal. Sadly, some injuries are caused, or made worse, when midwives and doctors make mistakes during a mother’s pregnancy, labour or delivery.

Medical negligence claims for maternal birth injury

If you believe that you may have suffered a birth injury, or think that your labour and delivery may have been mismanaged or a mistake made during your care caused the problem, you might have a medical negligence claim.

Doctor or midwife negligence can cause birth injuries which affect mothers and their families for the rest of their lives. The effects of childbirth injuries are very personal and individual, but possible consequences include:

physical symptoms which affect your quality of life, such as incontinence
mental health problems, such as postnatal post-traumatic stress disorder or depression
relationship breakdown
problems bonding with your new baby
being unable to return to work because of your symptoms

If you suffered a birth injury, are worried about the care you received, and think it might have caused a problem you may be eligible for birth injury compensation. Our maternal birth injury claims solicitors understand what you’re going through, and we can help you get answers about your care.

Find out more about childbirth injuries claims.

Common types & causes of birth injuries to mothers:

Vaginal tears during childbirth

About 9 in 10 women suffer perineal tears when the perineum (the skin between the vagina and anus) stretches as the baby is born. Most perineal tears are quite minor and should heal naturally within a short time after the baby is born. However, more serious tears can also extend to the vulva (external genitals) and muscles in the anus (back passage). These require repair, take longer to heal and may have long-term effects.

Types of tears during childbirth

First degree tears are skin-deep and only affect the outermost layer of skin around the vagina and perineum. You may need a few stitches, but normally they heal quickly. First degree tears have the best chance of quick recovery with minimal pain. Normally, there is no long term damage. Your midwife will decide in consultation with you, whether it is necessary to stitch your first degree tear or not.

Second degree tears are deeper tears, involving the muscles of the vagina and the skin around the anus. Stitches are normally required to help the tear to come together and heal. Dissolvable stitches are usually used, so that the mother doesn’t need to have them removed. Second degree tears can be quite painful and recovery normally takes a few weeks. Your midwife will examine the tear from time to time to ensure that it is healing well. You should report any signs of unusual discomfort or signs of infection to your midwife.

Third and fourth degree perineal tears are the most serious form of tears during childbirth. These types of tears are typically deeper and more serious. Third degree tears damage the anal sphincter (the muscle which controls the anus). Fourth degree tears also involve the lining/muscles of the anus. Third and fourth degree tears are unpredictable. The Royal College of Obstetricians and Gynaecologists (RCOG) lists the following as risk factors:

the mother’s first vaginal delivery
the second stage of labour is particularly long
shoulder dystocia during delivery
the baby is large (over 8 pounds 13 ounces)
labour is induced
an assisted delivery (for example, if forceps or ventouse are used).

If you are concerned about suffering a serious tear during birth, you can talk to your or midwife or doctor about it during your antenatal care. They may be able to recommend measures to help reduce the risk of a serious tear, such as perineal massage. Perineal massage helps the perineum to be more elastic and can help reduce the risk of it tearing as your baby is born. Another option is an episiotomy, a procedure designed to reduce the risk of a serious tear.

What is an episiotomy?

An episiotomy is a surgical incision made by a doctor or midwife during childbirth. It is a deliberate cut designed to expedite delivery and help reduce the risk of uncontrolled tearing of the perineum. This incision makes the opening of the vagina wider, so there’s more room for the baby to pass through.

There are two types of episiotomy you might hear about:

midline episiotomy – a cut from the vagina directly towards the anus (rarely done)
mediolateral episiotomy – a cut from the vagina, but angled off to one side of the perineum. Mediolateral episiotomies are more common in the UK.

Midwives and doctors should only recommend an episiotomy if there is a medical need, or the mother specifically requests one. It may be the best course of action if your baby is in distress and needs to be born quickly, if they are in a difficult position or if you are having an instrumental delivery using forceps or ventouse.

Some women may prefer an episiotomy over a spontaneous (natural) tear. Spontaneous tears can cause serious, lasting damage to the muscles around the vagina and anus but are said to heal better. Studies show that episiotomies reduce the risk of suffering a serious tear. Your doctor should explain the risks and benefits of an episiotomy to you before performing one.

Failure to identify and repair tears following childbirth

If you suffer a perineal tear, your caregivers should identify the tear at delivery and manage it appropriately. You can also find more information and support regarding perineal tears from the charity MASIC (Mothers with Anal Sphincter Injuries from Childbirth).

Following delivery and for the rest of your postnatal care, your midwife will ask you about the condition of your perineum and where necessary examine the perineum. Care of your perineum forms part of your post-natal midwifery follow up. Serious tears and episiotomies can, unfortunately, cause a great deal of suffering if they are unnoticed and not repaired at the time of delivery or if they’re repaired poorly. For example, they can cause complications such as:

incontinence – lack of control to pass faeces (stool) and/or wind
rectovaginal fistula – a serious tear can cause a hole in the wall between your vagina and your anus, which can cause faeces to pass through into the vagina
pain and soreness – the tear may make it difficult for you to sit for a long time, or be very active
stinging pain when passing urine
pain during sexual intercourse.
scarring.

It may also mean you need another procedure to correct the damage (secondary repair), causing further pain and distress.

If you suffered a third or fourth degree tear, if this was not identified and repaired at the time of delivery, and if you suffer continuing problems as a consequence, please contact our Obstetric Anal Sphincter Injury experts, Janine Collier and Gwyneth Munjoma for compensation advice.

Post-natal depression (PND) and post-natal post-traumatic stress disorder (PTSD)

A negative experience before, during or shortly after childbirth (‘birth trauma’) can affect mental health and wellbeing. Negative experiences during childbirth are highly personal, and everyone reacts differently. However there are some common signs and symptoms, for example:

difficulty bonding with the baby
a sense of ‘failure’ – that the circumstances surrounding baby’s birth were somehow their fault
feeling isolated or guilty
avoiding situations reminiscent of the birth (going to hospital, seeing birth depicted on television).

Many mothers suffer in silence. However, post-natal PTSD and post-natal depression needs the right treatment and support. Get further information about psychological damage after childbirth.

If you suffered post-traumatic stress disorder or post-natal depression following a traumatic delivery contact our experts Gwyneth Munjoma or Janine collier for advice.

Post-partum haemorrhage (PPH)

Women experience some blood loss after giving birth. Vaginal bleeding is normal for about 2 to 6 weeks after the baby is born. The bleeding is normally heaviest in the days immediately after delivery, becoming gradually lighter over time.

However, some women experience abnormally heavy bleeding, which can be dangerous. This is called a post-partum haemorrhage (PPH). There are two types of PPH:

primary or immediate PPH – heavy bleeding within 24 hours of the baby’s birth
secondary or delayed PPH – heavy bleeding after 24 hours, and up to 6 weeks after the baby’s birth.

Primary PPH happens in about 5 in 100 pregnancies. Normally, about 500ml (1 pint) of blood may be lost. However, in very rare cases, a particularly severe haemorrhage can lead to blood loss of around 2L (4 pints) or more.

Secondary PPH is rarer and affects less than 2 in 100 women. It normally happens if the mother suffers an infection following delivery. A major bleed can be life threatening. Midwives and doctors are trained to recognise situations where a mother is at high risk of suffering a PPH. They should take the necessary steps in order to reduce the chance of a haemorrhage – or prevent it altogether. And, if a haemorrhage does occur it is important to treat it quickly. Doctors and midwives are trained in controlling heavy bleeding.

If you suffered a post-partum haemorrhage and are concerned about the medical care you received contact Janine Collier or Gwyneth Munjoma for advice.

Ruptured uterus

A ruptured uterus is a serious complication during pregnancy. It happens when the wall of the uterus (womb) tears during pregnancy. It’s more common in women who have previously had a caesarean section, at the site of their caesarean section scar.

It is very important that doctors and midwives diagnose and treat a uterine rupture promptly. A ruptured uterus is considered a medical emergency because it can be life-threatening to both the mother and the baby and cause serious damage to the health of the mother and baby.

First line treatment is urgent caesarean section and uterine repair if possible (hysterectomy if not). Usually, the mother loses a lot of blood and needs a transfusion and antibiotics to reduce the risk of infection. It can take a little time to recover from losing so much blood and the surgery itself. Women who have more children in the future will need a caesarean section.

If you suffered a ruptured uterus and are concerned about the medical care you received contact our maternal birth injuries experts, Janine Collier or Gwyneth Munjoma for advice.

Prolapsed uterus

Childbirth can also cause pelvic organ prolapse. This is where one of more of the pelvic organs bulges into the vagina. It’s quite common, and the NHS states that up to half of mothers are affected by some level of prolapse.

Pelvic organ prolapse is more likely in cases where labour was particularly long or difficult, or the baby was particularly large.

A prolapse of the uterus (womb) happens when the uterus slips out of its normal position and down into the vaginal canal. Most of the time, a prolapsed uterus or other pelvic organ isn’t life-threatening. However, it can affect the mother’s quality of life and general wellbeing significantly. Possible symptoms include:

urinary incontinence
pain during sex
a feeling of heaviness in the vagina and/or perineal area.

Many cases of a pelvic organ prolapse can be managed through pelvic floor exercises, treating any constipation and weight loss (if appropriate). However, if you suffer a serious prolapse it might require more invasive treatment such as a hysterectomy (removal of the womb, which means the woman cannot have any more children) or surgical repair of the pelvic floor muscles.

If you suffered a prolapsed uterus and are concerned about the medical care you received talk to our maternal birth injuries experts, Janine Collier or Gwyneth Munjoma.

Medical negligence claims for maternal birth injuries

physical symptoms which affect your quality of life, such as incontinence
mental health problems, such as postnatal post-traumatic stress disorder or depression
relationship breakdown
problems bonding with your new baby
being unable to return to work because of your symptoms

Cerebral palsy medical negligence cases: How Tees can help

Posted on 17 December 202128 March 2025 by Sarah O'Sullivan

Babies can be born with cerebral palsy despite the highest level of antenatal and obstetric care. Unfortunately, in some cases, severe injury results from medical negligence, where healthcare providers fail to ensure the safety of mothers and babies during pregnancy and delivery. One major cause is the failure to recognize signs of fetal distress, leading to delays in critical situations.

Cerebral palsy medical negligence cases at Tees

At Tees, our medical negligence lawyers are supporting two severely disabled children and their families, striving to ensure they receive the lifetime security they need.

Liam Baker and Kayleigh Smith were both born in 2006 at separate hospitals.
Both children have severe physical disabilities (classified as GMFCS Level 5) and brain damage.
Liam is tube-fed and fully dependent on others, while Kayleigh also has limited vision.
Both experience severe epilepsy and seizures, managed with anticonvulsant medications.

Cerebral palsy during labour: Negligence in healthy pregnancies

Hannah Baker was experiencing her first pregnancy, which was deemed unremarkable.
Tracy Smith had a history of recurrent miscarriages and a previous emergency caesarean section.
Both mothers attended regular antenatal check-ups and raised concerns about limited fetal movement. Despite reassurance from normal CTG readings, problems arose during labour.

Medical experts identified failures in monitoring and timely intervention, resulting in preventable brain damage.

The importance of fetal heart monitoring

Monitoring the baby’s heart rate is critical during pregnancy and labour. A normal fetal heart rate ranges between 110 and 160 bpm.

Bradycardia refers to a heart rate below 110 bpm.
Tachycardia refers to a heart rate above 160 bpm.

Abnormal heart rates can signal fetal distress and oxygen deprivation. In both Liam’s and Kayleigh’s cases, medical experts concluded that fetal heart monitoring was insufficient.

Monitoring failures

Continuous electronic fetal monitoring was discontinued for both mothers after 30 minutes, against best practice guidelines.
NICE guidelines recommend that, without continuous monitoring, midwives should conduct auscultations every 15 minutes for at least 60 seconds.
In Hannah’s case, auscultations were conducted at half-hourly intervals, despite her experiencing severe abdominal pain – a potential sign of placental abruption.
For Tracy, with a history of miscarriage and traumatic birth, continuous monitoring should have been prioritized. Her initial abnormal CTG trace was disregarded, and it took two hours before medical staff intervened.

Detecting cerebral palsy and brain damage after birth

After birth, both Liam and Kayleigh had low Apgar scores, indicating distress.

Kayleigh was floppy and struggling to breathe.
Liam required immediate resuscitation and was placed on a ventilator.

Both children were diagnosed with acute hypoxic ischaemic encephalopathy (HIE), a form of brain damage caused by oxygen deprivation.

The court process for cerebral palsy medical negligence cases

After gathering extensive evidence from independent medical experts, our solicitors instructed a barrister to represent the families. The court process involved:

Statements from the families.
Medical evidence evaluating the timing and cause of brain damage.
Determining whether earlier intervention could have prevented the injuries.

Cerebral palsy compensation

Although neither case has concluded, liability has been resolved. The next step involves determining the compensation amount, expected to reach multi-million-pound settlements to provide lifelong care and support for Liam and Kayleigh.

Free expert medical negligence advice

At Tees, our experienced medical negligence solicitors are dedicated to supporting clients and their families.

If you have concerns about your medical care, we offer free, confidential, and no-obligation consultations. Contact us via our enquiry form or arrange for a home visit if preferred. We’re here to help you through every step of your journey.

Caesarean Section Requests

Posted on 9 December 202124 April 2025 by Sarah O'Sullivan

A report on the variations in practice and procedure across NHS Trusts in the UK

At Tees, we are increasingly supporting women who, despite requesting a caesarean section or raising concerns about vaginal delivery, have been counselled in a way that steers them toward a vaginal birth.

Many of these women are unaware that nearly 40% of births in the UK involve either instrumental assistance or a caesarean section. For first-time mothers, this figure rises to 50%. Furthermore, around 4% of women experience third or fourth-degree perineal tears during childbirth, which can result in life-changing, long-term issues with bowel control and incontinence.

Sadly, many go on to endure traumatic births, often leading to serious and lasting physical and/or mental health problems. In some cases, their babies also suffer injury.

Read Tees Law’s own report

The copyright in this report belongs to Tees Law. Tees Law gives permission for extracts from the report to be used provided a suitable credit to Tees Law is given and a link to the full report published.

In 2018, Birthrights – a charity dedicated to promoting women’s rights in childbirth, published a report into Maternal Request Caesarean (MRCS). These are planned caesarean sections requested by pregnant women without a medical indication.

The report revealed that, despite NICE Guideline CG132, nearly 75% of NHS Trusts did not have written policies supporting a woman’s right to choose a caesarean.

It concluded that “the majority of Trusts in the UK made the process of requesting a caesarean lengthy, difficult or inconsistent, adding anxiety and distress to women at a vulnerable time.” The report called for greater transparency around the variation in policies and procedures between NHS Trusts.

Three years have passed since the Birthrights report was published. With no further research on this issue that we were aware of—and with our Medical Negligence team continuing to support women like Niamh and Anna, who have faced disempowerment and difficulty when giving birth—we undertook our own investigation in May 2021. Our goal was to assess whether practices and procedures regarding MRCS had changed across NHS Trusts since 2018.

Trust failed to advise woman on risks and benefits of vaginal delivery vs. caesarean

Posted on 9 December 202128 March 2025 by Sarah O'Sullivan

Ensuring informed birth choices: The importance of understanding risks.

Childbirth is a significant life event, and while most experiences are positive, complications can arise. Informed decision-making during the antenatal period is crucial to ensure the safety and well-being of both mother and baby.

The need for informed choices

Expectant mothers should receive comprehensive, unbiased information about the potential risks and benefits of various birthing options, including Caesarean sections, vaginal births, and other interventions. This empowers them to make decisions aligned with their individual health needs and preferences.

However, in practice, the risks of vaginal births are often underrepresented compared to those of Caesarean sections. Many women remain unaware that in the UK:

Nearly 40% of women undergo instrumental delivery or Caesarean section.
50% of first-time mothers experience these interventions.
4% of women suffer third or fourth-degree tears, leading to long-term bowel control issues and incontinence.

Lack of comprehensive counseling

At Tees Law, our Medical Negligence team has supported numerous women who faced traumatic childbirth experiences. Despite expressing concerns or requesting a Caesarean section, some were advised against it without a full understanding of the risks of vaginal delivery.

Anna’s story: A preventable trauma

In 2018, Anna (not her real name) suffered a third-degree tear during vaginal birth. Despite having pre-existing bowel difficulties, including slow transit and severe constipation, her concerns about vaginal delivery were repeatedly dismissed. Her visual impairment added to her vulnerability.

Missed opportunities

Throughout her pregnancy, Anna consistently raised concerns:

She was advised to stop taking stimulant laxatives without thorough discussions on alternative options.
Her repeated questions about Caesarean delivery were met with reassurances that vaginal birth was “safest for the baby.”
Risks associated with vaginal delivery were not communicated, despite her history of bowel issues.

When her baby was positioned “back-to-back,” increasing delivery risks, she was still discouraged from a Caesarean.

Traumatic delivery and lasting impact

Anna endured two days of contractions, leading to an instrumental delivery using forceps without an episiotomy. Following the birth, she was informed of her third-degree tear and its consequences, which severely impacted her quality of life.

Despite her long-standing bowel condition, appropriate postnatal care and medication were delayed. She continues to experience bowel urgency, incontinence, and symptoms of Post-Traumatic Stress Disorder (PTSD).

The fight for justice

Anna’s experience is not isolated. NICE guidelines state that if a vaginal birth remains unacceptable to a mother after counseling, a Caesarean section should be offered. However, a 2018 Birthrights report revealed that only 26% of Trusts adhered to this best-practice guidance.

At Tees Law, we are committed to holding healthcare providers accountable for failures in maternal care. Our experienced Medical Negligence solicitors support clients in pursuing justice, ensuring their voices are heard and their rights upheld.

Contact us

If you or someone you know has experienced medical negligence during childbirth, our dedicated team is here to help. Reach out to Tees Law today for expert legal support and compassionate guidance.

Woman suffers severe injuries and PTSD after denied caesarean request

Posted on 9 December 202128 March 2025 by Sarah O'Sullivan

Most women who give birth vaginally do so safely and without any long-term health issues. However, according to NHS data, around 4% of women suffer third- or fourth-degree tears during childbirth. In some cases, complications can result in severe and life-changing maternal injuries.

Sadly, Tees Law’s specialist Medical Negligence team knows only too well the devastating impact of such cases. One example is Niamh who experienced a third-degree tear following a vaginal birth. This was despite Niamh having expressed a preference for planned caesarean section. Her claim against Kingston Hospital NHS Foundation Trust is based on breaches of duty before, during and after delivery.

Lack of informed consent

Niamh became pregnant in early 2018.

At 16 weeks, she met with a male registrar and explained that she expected she would need to have a C-section because all the women in her family had given birth that way. In addition to her family history, Niamh’s very slight build further suggested that C-section would be the best method to deliver her baby. Niamh recalls: “the registrar looked me in the eye and said that ‘we would very much support a vaginal birth at this stage’. lt felt to me from the outset like it was going to be a battle to get a c-section and that I was being told that I didn’t need one, despite my family history. To be told so early on that I would need to have a vaginal delivery, made me really anxious.”

Later on at her booking appointment, Niamh also explained her family history of c-sections to the midwife. The midwife referred Niamh to Birth Options to discuss the mode of delivery. There, she was told that a vaginal birth would be much better for the baby. She was also informed that a vaginal birth would allow her to get back to her daily routine sooner. Additionally, she was warned of the risks of having a C-section, including the potential to lose a lot of blood.

Throughout the antenatal process, Niamh repeatedly asked about having a C-section. At 26 weeks, it was noted that she felt “very anxious about [the] birth and uncomfortable within the hospital”. She expressed doubts about her ability to give birth vaginally but was nevertheless encouraged to pursue this route. In the end, based on the medical assurances she had received, Niamh agreed to proceed with a vaginal birth.

An assisted delivery

A week before Niamh went into labour, an ultrasound scan revealed that her baby was back-to-back, a position that increases the risk of complications during delivery. At this point, Niamh asked again if this meant she should have a C-section. She was told that the baby would likely turn around and there would be no problem.

In October 2018, Niamh went into labour spontaneously at 40 weeks. The baby remained back-to-back, and Niamh could not deliver so she was taken to theatre for assisted delivery. A C-section was not offered to Niamh. Instead, the baby was delivered after three pulls of the ventouse and four pulls of the forceps. Her daughter, Darcey, was born safely, but the instrumental delivery caused Niamh to sustain a Grade 3 tear, along with significant and irreparable muscle damage.

Postnatal negligence

Niamh bled heavily for 16 days after giving birth. She suffered faecal urge symptoms and abdominal distension, and her haemoglobin levels fell to 52 grams per litre. On day 5, she was given an X-ray but was refused a CT or MRI scan. The X-ray didn’t reveal anything and despite her symptoms, Niamh was told there was nothing untoward. Niamh pressed for a CT or MRI scan but continued to be refused. Finally on day 9, after having to wait a full weekend and only after continuing to press further, an ultrasound was performed, which failed to detect any medical issue.

Finally, a CT scan was arranged and Niamh was subsequently diagnosed with a pelvic haematoma requiring surgery.

After this, she was unable to pass urine. Several attempts at trial without catheter failed, but instead of being referred to uro-gynaecology, she was discharged with a catheter.

Niamh was in and out of hospital several times during November 2018 to attempt a trial without catheter (TWOC). Eventually, Niamh sought her own private consultant and on the consultant’s medical advice, went back to the NHS to request a suprapubic catheter.

Niamh was re-admitted in late November 2018 and underwent further surgery to insert the suprapubic catheter into her stomach, a procedure which she found extremely distressing.

Niamh’s catheter was not removed until the start of January 2019. During this time, she experienced coccyx, groin and deep pelvic pain, as well as faecal urgency. Since then, Niamh has continued to suffer from psychiatric injury. She has been diagnosed with PTSD and also suffers chronic coccyx pain, which causes her to wake up in pain. She also suffers urgency of continence and has not been able to return to work.

Failures at every stage

There were medical failures at every stage in Niamh’s story. In antenatal meetings, she was not properly counselled as to the pros and cons of C-section compared to vaginal delivery. Having expressed concern regarding the risks of giving birth vaginally, specifically in relation to her family history of C-sections, Niamh was assured that this was the best method of delivery. At no point was she presented with a balanced picture of the benefits and risks of each option. If she had been warned of the risks associated with vaginal delivery, she would have chosen a C-section.

Although she knew there was a small risk she could tear, Niamh was not warned this could lead to difficulties with continence. Moreover, she was warned of the dangers of C-section and the potential disruption this could cause to her recovery, but she was not provided with an equivalent risk assessment of vaginal delivery. For example, she was informed that she could suffer excessive bleeding with a C-section but was never told that this could also happen with a vaginal delivery. Niamh was also not informed about the risk of requiring instrumental assistance.

During labour, there was an opportunity to perform a C-section yet Niamh was not offered the option of a C-section. Furthermore, once assisted delivery with ventouse and forceps had been chosen, there was a failure to manage the delivery in such a way as to avoid the tear.

Finally, Niamh experienced negligent postnatal treatment. There was a delay in escalation, imaging, identification and treatment of the haematoma. Had the haematoma been diagnosed and treated earlier, the extent of the infection would have been less severe. Because of the failure to treat in a timely manner, her episiotomy wound broke down twice and wasn’t able to heal properly which has resulted in the formation of extremely painful scar tissue.

An all-too-common problem

Ultimately, had Niamh been able to go ahead with her preference for a planned C-section, she would have avoided the third-degree tear, haematoma and the rest of the consequences that have resulted from her instrumental delivery. Unfortunately, Niamh is not alone in suffering injury and long-term complications from a vaginal birth that should have been avoided.

Official NICE guidelines state: “For women requesting a caesarean section, if after discussion and offer of support… a vaginal birth is still not an acceptable option [Trusts should] offer a planned caesarean section.” Yet a report by Birthrights in 2018 revealed that only 26% of Trusts offered C-sections in line with NICE best-practice guidance.

Here to help

Our Medical Negligence solicitors are devoted to achieving the justice our clients deserve. If you have been affected by medical negligence, we can support you on your journey to justice, looking out for your needs and priorities every step of the way.

What is a child arrangements order during divorce or separation?

Posted on 2 December 202123 March 2025 by Sarah O'Sullivan

A child arrangements order is a legal document that formalises childcare agreements between parents who are going through a divorce or separation. It determines critical aspects such as where the children will live and how much time they will spend with each parent.

This type of court order is typically necessary when parents cannot reach a mutual agreement on childcare arrangements. Ideally, parents should try to resolve these issues amicably, often with the assistance of a mediator. However, if disputes remain unresolved, applying for a Child Arrangements Order through the court may be the best option.

Why might you need a child arrangements order?

You may require a Child Arrangements Order if:

You are unable to agree on custody or visitation arrangements.
One parent is not adhering to a previously agreed-upon schedule.
There are concerns about a parent neglecting their responsibilities.
Mediation has failed to resolve disagreements.

If both parents are cooperating and the existing arrangements are working, a court order is typically unnecessary.

How to apply for a child arrangements order

Attempt mediation first:
- Before applying for a child arrangements order, you are legally required to attend a Mediation Information and Assessment Meeting (MIAM) unless there are valid reasons not to do so, such as instances of domestic abuse.
Seek legal advice:
- A solicitor can guide you through the process, helping you prepare your application and submit it to the court.
Attend court hearings:
- Both parents will need to attend a court hearing, where a judge or magistrate will assess the situation.
- A representative from the Children and Family Court Advisory and Support Service (CAFCASS) may also provide input by producing a safeguarding report and making recommendations.
Decision making:
- The court will prioritise the child’s welfare, considering factors like their wishes, feelings, and overall needs.
- If an agreement cannot be reached during the initial hearing, further evidence may be required before a final decision is made.

Specific issue orders and prohibited steps orders

In addition to Child Arrangements Orders, the court may issue:

Specific issue orders: For resolving specific disputes, such as which school a child should attend or whether they should follow a particular religion.
Prohibited steps orders: To prevent a parent from taking certain actions, like relocating a child abroad without consent.

Child arrangements orders vs. special guardianship orders

A Special Guardianship Order (SGO) grants parental responsibility to someone other than the child’s parents, often in cases where parents are unable to provide proper care. Unlike a Child Arrangements Order, an SGO allows the guardian to make decisions without requiring parental approval, although some significant decisions still require consent.

Can grandparents apply for a child arrangements order?

Yes, grandparents or other relatives can apply for a Child Arrangements Order, although they need the court’s permission first. This may be relevant if they have been acting as the child’s primary caregivers or if they wish to establish visitation rights.

How to change a child arrangements order

While Child Arrangements Orders are intended to provide long-term stability, circumstances can change. If significant changes occur, such as a parent relocating, remarrying, or experiencing financial difficulties, you can apply to modify the order. The court will reassess the child’s best interests before making any adjustments.

Expert legal support for child arrangements orders

Navigating the complexities of child custody during a separation can be challenging. Seeking the advice of our specialist family law solicitor can ensure that your child’s best interests remain the priority. Professional legal support can help formalise arrangements and provide clarity and reassurance during this difficult time.

For further guidance on child arrangements orders, contact our experienced family law team today.