When parents separate, disagreements about children can quickly become overwhelming. Questions like “Where will the children live?”, “How often will they see each parent?” or “Can we move abroad?” are deeply emotional and stressful.
For many families, going to court feels daunting, slow, and expensive. The good news is that there is another option — called children law arbitration.
This article explains what children law arbitration is, in simple, everyday language.
Children law arbitration is a private way for parents to sort out disagreements about their children without going to court.
Instead of waiting for a judge, both parents choose a specially trained family law expert (called an arbitrator). That person listens to both parents and then makes a decision that is focused on what is best for the child.
Think of it as having a private judge, chosen by you, who deals with your case more quickly and calmly than the court system.
Arbitration can be used to resolve many common issues, including:
Where a child should live
How much time a child spends with each parent
School and education decisions
Holidays and travel
Moving within the UK or abroad
Parental responsibility and decision-making
The process is usually much simpler than people expect:
Both parents agree to use arbitration
A qualified arbitrator is chosen
Each parent explains their situation (with or without lawyers)
The arbitrator considers the information carefully
A final decision is made
This decision is called a determination, and it is legally binding, just like a court order.
Yes.
The arbitrator’s decision must be followed, and if needed, it can be approved and enforced by the court.
This gives parents certainty and avoids ongoing arguments or repeated court hearings.
People often confuse arbitration with mediation, but they are not the same:
Mediation helps parents try to reach an agreement together
Arbitration gives a final decision when agreement isn’t possible
If parents are stuck and cannot agree, arbitration provides clarity and an outcome.
Many families choose arbitration because it is:
Faster – decisions are often made in weeks, not months
Private – discussions stay confidential
Less stressful – fewer formal hearings and delays
Flexible – meetings can take place online or in person
Child-focused – the child’s wellbeing is the priority
It also avoids the uncertainty and backlog of the court system.
Arbitration is not suitable for every case, particularly where there are serious safety concerns that require court involvement.
However, for many separating parents, it offers a calmer, quicker and more practical solution than going to court.
When emotions are high and children are involved, parents often want one thing above all else: a clear answer, without long delays.
Children law arbitration provides a structured, private, and child-focused way to move forward — without the stress of the courtroom.
At Fard Solicitors, we help parents understand whether arbitration is right for them and guide them through the process step by step, in plain English.
If you would like advice on your options, our family law team is here to help.