Child Maintenance Lawyers and Other Family Law Services in London
Child maintenance, special guardianship, prohibited steps orders, child abduction and enforcement of court orders — expert family law advice from our High Holborn and Upton Park offices.
Adam Bernard Solicitors’ family lawyers advise on child maintenance, special guardianship orders, prohibited steps orders, international child abduction, enforcement of family court orders, mediation and service of court papers.
These are the family law matters that sit outside divorce and child arrangements but often arise alongside them. Our SRA-regulated solicitors work from offices in High Holborn (Central London) and Upton Park (East London), and offer free consultations by phone, Zoom, Teams, WhatsApp or Skype on 0207 100 2525.
For our core family services, see our family law solicitors in London hub.
Child maintenance lawyers: agreements, CMS cases and disputes
Child maintenance is regular financial support paid by the parent who does not live with the child to the parent who does. In the UK, it is usually arranged either privately between parents or through the government’s Child Maintenance Service (CMS). An arrangement is required for children under 16, or under 20 if they are in approved education or training.
Your three options
| Option | How it works | Cost |
|---|---|---|
| Private (family-based) arrangement | Parents agree the amount and payment between themselves | Free — but not legally enforceable on its own |
| CMS Direct Pay | CMS calculates the amount; parents arrange payment directly | No collection fees |
| CMS Collect and Pay | CMS calculates, collects and passes on payments | 20% added for the paying parent; 4% deducted from the receiving parent (GOV.UK) |
Applying to the CMS has been free since 26 February 2024, when the government scrapped the £20 application fee (GOV.UK). The CMS works out maintenance using the paying parent’s gross income, the number of children and shared care nights — see the official step-by-step guide to how child maintenance is worked out.
When you need a child maintenance lawyer
- Turning a private agreement into a court order. Under section 8 of the Child Support Act 1991, the family court can make a child maintenance order by consent — often as part of a divorce financial settlement.
- Challenging a CMS calculation — for example, where income has been under-declared, shared care has been miscounted, or you believe you have been overpaying.
- Cases the CMS cannot handle, such as “top-up” maintenance for very high earners, school fees, costs linked to a child’s disability, or a paying parent who lives abroad.
- Unmarried parents seeking financial provision for a child, often alongside a cohabitation agreement dispute.
For broader claims beyond maintenance, see our financial provision solicitors.
Special guardianship order solicitors
A Special Guardianship Order (SGO) is a family court order that places a child to live long-term with someone other than their parents — usually a grandparent, aunt, uncle or family friend — and gives that person parental responsibility they can exercise above the parents. Unlike adoption, an SGO does not end the legal relationship between the child and their birth parents.
SGOs are made under section 14A of the Children Act 1989. Key points:
- Notice to the local authority: you must give your local authority written notice of your intention to apply at least three months before making the application. The council then prepares a report for the court.
- Who can apply without the court’s permission includes a guardian, a person with a “lives with” child arrangements order, a person the child has lived with for at least one of the last three years, and certain relatives and local authority foster carers.
- Court fee: £270 (GOV.UK EX50 family court fees).
- Support: local authorities have duties to assess special guardianship support — see the government’s statutory special guardianship guidance.
We prepare applications and witness statements, and can accept funding from the local authority towards your legal costs.
Considering adoption instead? An adoption order permanently transfers parental responsibility. Speak to our specialist adoption lawyers in London to compare the two routes.
Prohibited steps orders: stopping a parent removing a child from school
A Prohibited Steps Order (PSO) is a court order that stops a parent — or anyone else — from taking a specific step in relation to a child without the court’s permission, such as collecting the child from school or nursery, changing the child’s school, or taking the child abroad.
Schools and nurseries generally cannot refuse a parent with parental responsibility without a court order. If police are called to a dispute at the school gate, a PSO gives them and the school a clear legal basis to act.
- Form: C100 (the same form used for child arrangements orders)
- Court fee: £270 (GOV.UK EX50)
- Urgent cases: where there is a risk of harm or removal, the court can make an order without notice to the other parent, and the usual mediation (MIAM) requirement does not apply.
PSOs often sit alongside a child arrangements order. See also our guide on how long a child arrangement order takes.
International child abduction solicitors
It is a criminal offence for a parent to take a child under 16 out of the UK without the consent of everyone with parental responsibility, or the court’s permission, under section 1 of the Child Abduction Act 1984. A parent with a “lives with” child arrangements order may take the child abroad for up to one month without consent.
If your child has been taken abroad
- Report it to the police immediately.
- Check whether the country has signed the 1980 Hague Convention. If it has, the child (under 16) can usually be returned through the UK Central Authority (GOV.UK: international parental child abduction).
- Gather documents — birth certificate, passports, any court orders, photos and travel details.
- Instruct a family solicitor quickly. Delay can weaken a return application.
If you fear your child is about to be taken
- Port Alert: police can issue one if a child is likely to be taken abroad within 48 hours; it lasts 28 days.
- Passport: HM Passport Office can be asked to stop a British passport being issued, usually with a court order.
- Court orders: a prohibited steps order or wardship can stop removal.
If your concern is a planned, lawful move abroad rather than abduction, see our child relocation solicitors. We do not offer legal aid.
Enforcement of family court orders
If the other parent is not following a child arrangements order, you can apply to the family court to enforce it using form C79. The court fee is £270, and a later breach application costs £119 (GOV.UK EX50).
The court can order unpaid work, compensation for financial loss, or change the arrangements. If the order simply is not working for the child, a variation application (C100) may be the better route. Our child contact solicitors advise on both.
Family mediation and dispute resolution
Family mediation is a confidential process in which an independent, neutral mediator helps separating parents reach agreement on children or finances without going to court. For most applications about children, you must first attend a Mediation Information and Assessment Meeting (MIAM), which costs around £120 per person unless you qualify for legal aid (GOV.UK).
- Family Mediation Voucher Scheme: a non-means-tested contribution of up to £500 towards mediation for eligible cases. In May 2026 the government extended the scheme for a further year (GOV.UK).
- Making it binding: agreements reached in mediation are not legally binding on their own. We can draft a consent order so the court approves the agreement and it becomes enforceable — £62 court fee for a financial consent order.
Service of court documents and tracing a missing spouse
The family court often requires papers — for divorce, financial or children proceedings — to be served on the other party, and the court will want proof that this has been done properly. This can be difficult if the other party is avoiding service, has moved without leaving an address, or now lives outside the UK.
- Process servers: we arrange personal service and provide a signed certificate of service for the court.
- Tracing service: our tracing team can locate a spouse who has left the family home, or a parent you need to serve, using lawful tracing methods.
- If they still cannot be found: we can apply for alternative service or, in limited cases, to dispense with service, under Part 6 of the Family Procedure Rules.
This is often needed to progress a divorce application or a nullity petition.
Complaints about a child's injury or treatment at school
If your child has been injured at school or mistreated by a member of staff, we can advise on the school’s complaints procedure and whether a claim may be available. Book a free consultation to discuss what you want to achieve.
Why choose Adam Bernard Solicitors?
- SRA-regulated family solicitors listed on the Law Society’s Find a Solicitor directory
- 15 years in practice and 15,000+ clients across family, immigration and property law
- Two London offices — High Holborn (WC1) and Upton Park (E6)
- Free consultations by phone or video, and a 24/7 phone line: 0207 100 2525
This page is for general information only and does not constitute legal advice. Fees and figures are taken from GOV.UK and are correct as at October 2026.
Frequently asked questions
Do I need a lawyer for child maintenance?
Not always. Parents can agree child maintenance privately or apply free to the Child Maintenance Service. A child maintenance lawyer is useful when you want a court-enforceable consent order, need to challenge a CMS calculation, or have a case the CMS cannot deal with, such as school fees or a paying parent living abroad.
How much does it cost to use the Child Maintenance Service?
Applying is free. Direct Pay has no collection fees. With Collect and Pay, the paying parent pays an extra 20% and the receiving parent has 4% deducted, according to GOV.UK.
What is the difference between a special guardianship order and adoption?
A special guardianship order gives a carer long-term parental responsibility while the child keeps their legal relationship with their birth parents. Adoption permanently ends that legal relationship and transfers parental responsibility to the adopters.
How much notice must I give the council before applying for an SGO?
You must give your local authority written notice at least three months before applying for a special guardianship order, under section 14A of the Children Act 1989.
Can I stop my ex collecting our child from school?
Yes, by applying for a Prohibited Steps Order on form C100. The court fee is £270, and in urgent cases the court can make an order without notice to the other parent.
Is it illegal to take my child abroad without the other parent's consent?
Usually, yes. Under the Child Abduction Act 1984, taking a child under 16 out of the UK without the consent of everyone with parental responsibility, or the court's permission, is a criminal offence. A parent with a "lives with" child arrangements order may take the child abroad for up to one month.
Are mediation agreements legally binding?
No. Agreements reached in mediation are not binding on their own, but a solicitor can turn them into a consent order approved by the court, which makes them enforceable.
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