Why on earth would you use a solicitor. ? Just fill in the C100 from HMCTS online. Request a Miam (mediation) where she will either attend and have to agree to the travel as she moved them away (which then goes to the court to make it binding) or she refuses mediation - which means you go straight to court where a judge will make the same order. (You could even be super reasonable and offer to do one in 4 journeys for example but not really your problem to fix as she moved your children away). This is of course based on face value of your post and that the move was not necessary for the children’s health and welfare.
Here are the steps.
Here’s a clear, step-by-step outline for applying for a Child Arrangements Order in England & Wales in your situation — where you want to see your children every other weekend and the mother moved them 120 miles away without your agreement, and you also want her to handle the travel.
1️⃣ Understand Your Legal Position
- You already have parental responsibility as their father, so you have the right to apply without anyone’s permission.
- The court’s primary concern will be the best interests of the children (Children Act 1989 “welfare checklist”).
- The move without consent is relevant, but the court will focus on practical arrangements going forward, not “punishing” the other parent.
2️⃣ Try to Resolve Without Court (Required Step)
Before applying to court, you must usually attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies (e.g., domestic abuse, urgent risk to the child).
- Contact a family mediator (find via Family Mediation Council).
- At the MIAM, you explain the dispute; if mediation isn’t suitable or fails, the mediator signs the MIAM certificate (form FM1 or included in C100 form).
3️⃣ Gather Your Evidence
You’ll need to clearly set out:
- Your existing relationship and history of involvement with the children.
- Details of the relocation (when she moved, lack of consent, distance involved).
- Proposed contact pattern — e.g., every other weekend from Friday after school to Sunday evening.
- Travel plan request — why it’s reasonable for her to handle transport (she moved them, long distance).
- Any evidence of attempts to agree arrangements (texts, emails, letters).
- Any practical considerations (school, activities, travel costs, impact on children).
4️⃣ Complete the Court Application (Form C100)
- Download the C100 form from GOV.UK.
- Fill in sections on:
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- Your details and the children’s details.
- The type of order: Child Arrangements Order – “spends time with”.
- Your proposed arrangements (be clear and specific about days, times, travel responsibilities).
- Why this is in the children’s best interests.
- Tick the box for MIAM attended or exemption.
5️⃣ Submit the Application & Pay the Fee
- Fee: currently £255 (check GOV.UK fee guidance).
- You may be eligible for fee remission if on low income (form EX160).
- Submit online via HMCTS online service or post the form to your local Family Court.
6️⃣ Cafcass Safeguarding Checks
After you file, Cafcass (Children and Family Court Advisory and Support Service) will:
- Contact both parents for a phone interview.
- Do safeguarding checks with police & social services.
- Provide the court with a safeguarding letter before the first hearing.
7️⃣ First Hearing (FHDRA – First Hearing Dispute Resolution Appointment)
- Usually within 4–6 weeks.
- Judge or legal adviser and Cafcass officer present.
- The court may encourage further agreement here.
- If agreement not reached, the court will set directions (evidence, statements, any Cafcass report) and a timetable for a final hearing.
8️⃣ Possible Section 7 Report
If the court needs more information, they can order a Section 7 report from Cafcass or social services about the children’s welfare and practicalities.
9️⃣ Final Hearing
- You and the mother give evidence.
- The judge decides on:
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- When the children will spend time with you.
- Who handles travel (you can argue she should do it because she unilaterally moved).
- Any other specific arrangements.
10️⃣ Enforcing the Order (if needed)
If she later refuses to comply:
- Apply to enforce via a C79 form.
- Court can order compliance measures (e.g., fines, community service, changes to arrangements).
💡 Tips for Success:
- Keep your proposals child-focused — explain how regular contact benefits their emotional stability and wellbeing.
- Be realistic — ensure your proposed travel arrangements are practical for the children’s ages and school schedule.
- Avoid language that frames this as a fight with their mother; courts prefer cooperative co-parenting framing.
If you want, AI (ChatGPT) I can draft the exact wording for the C100 “proposed arrangements” section so it maximises your chance of getting every other weekend and her handling travel because of her relocation. That part is crucial for your case.