If you’ve found yourself in the middle of family court proceedings — or you’re worried that’s where things are heading — you may have come across the terms “private law” and “public law” without being entirely sure what they mean or which one applies to your situation.
The distinction matters. These two areas of family law involve very different processes, different sets of professionals, and different implications for you and your children. Understanding where your situation sits can help you navigate the process with more clarity and less anxiety.
This article explains the difference between private law and public law family cases, how child contact services fit into each, and what you can expect as a parent depending on which type of proceedings you’re involved in.
The Basic Distinction
Private law
Private law cases are those that arise between individuals — most commonly, disputes between parents or other family members about the arrangements for a child. These cases are brought to court by one of the parties involved, usually after an attempt to reach an agreement privately has broken down.
The most common type of private law application is a Child Arrangements Order — the legal framework that sets out who a child lives with and how much time they spend with each parent. Applications for specific issues, prohibited steps orders, and applications relating to parental responsibility also fall under private law.
In private law proceedings, the local authority is not — unless specifically directed by the court — a party to the case. This is a key distinction from public law.
Public law
Public law cases are those initiated by a statutory body — usually a local authority — where there are serious concerns about a child’s welfare. These are proceedings brought under the Children Act 1989, typically under section 31, where the local authority is applying for a care order or supervision order on the basis that a child is suffering, or is at risk of suffering, significant harm.
Public law proceedings involve a much broader range of professionals — social workers, children’s guardians appointed by CAFCASS, independent experts, and legal representatives for both the parents and the child. They are generally more complex, more intensive, and carry potentially more serious consequences for the family.
How Child Contact Services Fit Into Each
In private law cases
Child contact services are most commonly used in private law proceedings. When parents cannot agree on contact arrangements, or when a court order specifies that contact should take place under supervision, a private provider steps in to facilitate and observe sessions.
This might happen where one parent has concerns about the child’s safety during contact with the other, where there has been a history of domestic abuse, where contact has broken down and needs to be restarted carefully, or where the court simply wants an independent professional to document how contact is progressing before making a final order.
If you’re navigating private law proceedings and looking for child arrangement services for parents Manchester, services like Child Arrangement Resolutions operate independently of the court and the local authority. They provide a professional, documented framework for contact to take place safely — and the session logs they produce can carry significant weight as evidence.
You can read more about how this evidence feeds into court decisions in the article on evidence from court ordered child contact services.
In public law cases
In public law proceedings, child contact services can also play a role — but the context is different. Where a child has been removed from the family home, or where a care order is in place, supervised contact between the child and the parent may still be required and may be facilitated by an independent provider rather than by the local authority directly.
In these cases, the contact service operates as part of a wider network of professionals — alongside the local authority, the child’s guardian, and the court. The session logs and reports produced carry particular weight given the higher stakes involved.
CAR’s team includes qualified Independent Social Workers with backgrounds in child protection and fostering — professionals who are experienced in working within the more complex framework that public law cases involve. You can find out more about this on the ISW Services page.
The Role of CAFCASS in Each Type of Case
In private law
In private law proceedings, CAFCASS may be asked by the court to carry out a safeguarding check at the outset — a basic check of police and social services records for both parents. In more complex cases, a CAFCASS officer may be asked to prepare a fuller section 7 report, which includes interviews with both parents and, where appropriate, the children.
The section 7 report will typically include a recommendation about contact arrangements. Courts take these recommendations seriously, though they are not bound by them.
A private child contact service operates alongside — not instead of — CAFCASS in these cases. Session logs from supervised contact can complement a CAFCASS assessment by providing independent, contemporaneous evidence of how contact is actually going.
In public law
In public law proceedings, CAFCASS appoints a Children’s Guardian — an experienced social worker whose sole role is to represent the best interests of the child throughout the proceedings. The Guardian instructs a solicitor for the child, reviews all the evidence, and produces their own analysis and recommendations for the court.
The involvement of a Children’s Guardian is one of the key differences between private and public law proceedings, and it means that independent contact services working in public law cases need to be particularly thorough in their record-keeping and reporting.
Key Differences for Parents
Understanding the practical differences between the two types of proceedings helps set realistic expectations.
Who brings the case
In private law, it is a parent or family member who makes the application to court. In public law, it is the local authority. This distinction shapes everything — including who is legally represented, what evidence is gathered, and what outcomes are possible.
Timescales
Public law proceedings are subject to a 26-week timetable set by the court, intended to resolve cases as quickly as possible to reduce uncertainty for children. Private law cases can vary enormously in length — some resolve within a few months, others drag on for years, particularly in highly contested situations.
The article on the role of court ordered child contact services in high conflict parenting cases gives a useful overview of how professional services can help move things forward even when proceedings are prolonged.
What the court is deciding
In private law, the court is typically deciding where a child lives and how much time they spend with each parent. In public law, the court may be deciding whether a child should be removed from the family, placed in foster care, or returned home under a supervision order — decisions with far-reaching consequences.
Your legal representation
In both types of proceedings, you have the right to legal representation. In public law cases, parents are automatically entitled to legal aid regardless of their financial situation, because of the severity of what is at stake. In private law cases, legal aid eligibility is more restricted — generally limited to cases involving domestic abuse or where a child is at risk.
If you haven’t already sought legal advice about your situation, doing so as early as possible is strongly recommended. The article on working with solicitors, CAFCASS and court ordered child contact services together covers how these different professionals interact throughout proceedings.
Can You Move Between Private and Public Law?
Yes — and it happens more often than many parents realise. A private law case can become a public law matter if, during the course of proceedings, concerns are raised about a child’s welfare that are serious enough to prompt local authority involvement. Equally, public law proceedings can result in a child being returned to the family with arrangements governed thereafter by private law.
Understanding that the two aren’t entirely separate — and that circumstances can shift — is important for any parent involved in family court proceedings.
If you’re dealing with a case that seems to be moving in an unexpected direction, the article on can a court-ordered child contact arrangement be changed is worth reading for context on how arrangements can evolve as proceedings develop.
Supervised Contact Across Both Types of Proceedings
Regardless of whether you’re in private or public law proceedings, supervised contact serves the same fundamental purpose — to enable a child to have a relationship with a parent in a safe, documented environment.
The level of supervision, the professionals involved, and the reporting requirements may differ. But the child’s experience — and the importance of getting that experience right — remains constant.
For parents looking for court ordered child contact services for separated parents, CAR provides professional supervision that meets the standards required in both private and public law contexts. The team is experienced in producing session logs and reports that stand up to scrutiny in court, and in working within multi-agency frameworks where several professionals are involved simultaneously.
If you’re a professional working in a sector where your circumstances add a layer of complexity to proceedings — for example, if you’re self-employed or work irregular hours — it’s worth knowing that services can be tailored to meet individual needs. The page on child supervised contact services for accountants Cheshire gives one example of how CAR adapts its service to fit different professional circumstances.
A Note on Avoiding Court Where Possible
It’s also worth saying that not every dispute between parents needs to end up in court. In private law cases especially, there are alternatives — including mediation, collaborative law, and the use of a private child contact service to provide structure while both parties work towards an agreement.
Courts in England and Wales actively encourage parents to attempt to resolve matters without litigation where it is safe to do so. A Mediation Information and Assessment Meeting (MIAM) is now a legal requirement before most private law applications, precisely because the court system recognises that families often do better when they find their own solutions.
The article on how child arrangement services work alongside mediation explains how a contact service can support this process — providing the professional oversight that both parties might need while avoiding the adversarial dynamics that court proceedings can bring.
If you’re considering whether a private arrangement might work for your family rather than going to court, the article on child arrangement services vs informal agreements is also a helpful starting point.
For Fathers Navigating Both Types of Proceedings
Fathers who are non-resident parents — whether in private or public law proceedings — can face particular challenges in maintaining or re-establishing their relationship with their children. The legal process can feel slow, opaque, and emotionally exhausting, and the feeling that the system isn’t working in your favour is something many fathers describe.
A professional child contact service can’t change the legal outcome of proceedings — but it can produce independent, objective evidence of your engagement and your relationship with your child. That evidence matters, both to the court and to CAFCASS.
The page on court ordered child contact services for fathers gives more specific information about how CAR supports fathers in this position, and the Child Arrangement Services for Mothers page covers the equivalent support available for mothers navigating proceedings.
You can also find useful context on how contact arrangements are handled in proceedings on the Child Supervised Contact page and the Supervised Visitation page.
FAQs
How do I know whether my case is private law or public law?
The clearest indicator is who has initiated the proceedings. If you or the other parent has made an application to court — for example, for a Child Arrangements Order — that is a private law matter. If the local authority has become involved and is applying for a care or supervision order, that is public law. Your solicitor will be able to confirm which applies to your situation.
Can a private contact service be used in public law proceedings?
Yes. Private contact providers, including CAR, can be instructed in public law cases — particularly where independent supervision is needed outside of what the local authority is providing, or where a court requires independent reporting on how contact is progressing.
Do I need a solicitor in private law proceedings?
You are not legally required to have a solicitor, but it is strongly advisable — particularly where the other party is legally represented. Family law is complex, and having professional guidance significantly improves your ability to navigate the process effectively.
What is a Child Arrangements Order?
A Child Arrangements Order is a court order that sets out where a child lives and who they spend time with. It replaces what used to be called residence orders and contact orders. It is the most common type of order made in private law proceedings involving children.
Can social services become involved in a private law case?
Yes. If concerns are raised during private law proceedings that suggest a child may be at risk, the court can direct that a section 37 report be prepared by the local authority. In serious cases, this can lead to the local authority issuing care proceedings — bringing public law into what began as a private law matter.
Where can I find out more about CAR’s services in the context of court proceedings?
The FAQs page is a good starting point, and the Why Us page sets out the credentials and experience of the team. You’re also welcome to get in touch directly to discuss your situation before making a referral.
Speak to Child Arrangement Resolutions Today
Whether you’re in private law proceedings, public law proceedings, or you’re trying to resolve matters without going to court at all, Child Arrangement Resolutions has the experience and expertise to support you and your family.
CAR works with families, solicitors, and statutory agencies across Greater Manchester, Cheshire, and Merseyside — providing professional, child-focused supervised contact and independent social work services that meet the standards required across all types of family proceedings.
Get in touch with the team today to discuss your situation and find out how CAR can help.