A Practical Guide to Arbitration in Proceedings Concerning Children

As the family courts continue to face increasing delay, arbitration has emerged as one of the most significant developments in private children law. Recent amendments to the Family Procedure Rules have reinforced the importance of non-court dispute resolution, yet arbitration remains the only process capable of delivering a binding determination outside the court system. Despite its growing relevance, many practitioners remain unfamiliar with when arbitration is appropriate, how the process operates, and the strategic advantages it can offer to families.

This is the first comprehensive, practice-focused guide to this rapidly developing area of law. Combining the relevant statutory framework, the Institute of Family Law Arbitrators (IFLA) Scheme Rules, leading authorities and practical guidance, it takes readers through every stage of the arbitration process, from identifying suitable cases and commencing proceedings, through case management, evidence and safeguarding, to drafting orders, enforcement and the limited circumstances in which an arbitral determination may be challenged.

Covering domestic child arrangements, internal relocation and international relocation disputes, it explains both the opportunities and limitations of arbitration, alongside its relationship with court proceedings and other forms of non-court dispute resolution. Practical precedents, checklists and drafting guidance make this an essential day-to-day resource for busy practitioners seeking to advise clients confidently and efficiently. It offers readers not only a clear explanation of the law but also practical insight into how arbitration works in reality. It will be an invaluable reference for family practitioners, arbitrators, mediators and judges seeking to make effective use of one of the most important developments in modern children law.

Why Arbitrate, Why Now?

The Legal Framework

What Can and Cannot Be Arbitrated

Getting Started

Running the Arbitration

Domestic Children Arrangements

Internal Relocation Within England and Wales

International Relocation

From Determination to Order

Challenging a Determination

Arbitration Alongside Other Dispute Resolution and Hybrid Models

Conclusion, Key Takeaways

Further Reading and Resources

Appendix: Precedents and Checklists