Private law vs public law children cases — the two worlds explained

REVIEWED BY: Sean McNamara on 2026-08-28

The single most important distinction in children law

Every children case falls into one of two streams. Getting this right tells you who you're dealing with, what the court will do, and (crucially) whether you get legal aid.

Private law — disputes between the parents

Who: parents/grandparents/guardians applying against each other (a C100)
What orders: child arrangements (lives with / spends time with), prohibited steps, specific issue
Drive: the court resolves a disagreement between private parties about a child's upbringing
Agencies: CAFCASS provides a Family Court Adviser and safeguarding letter; less invasive
Costs: each side pays; legal aid is rarely available (only via the domestic-abuse "gateway" — see our guide) — most private-law parents self-represent or pay
Standing: the default is "everyone involved is a normal parent arguing about their child"

Public law — the state as a party

Who: the local authority is the applicant because a child is at risk of significant harm
What orders: care order, supervision order, placement for adoption, special guardianship
Drive: the state steps in to protect; the parents are respondents (not applicants)
Agencies: CAFCASS provides a Children's Guardian (independent for the child); the authority leads care plans and the child protection plan
Costs & legal aid: parents automatically qualify for legal aid in care proceedings (non-means-tested for representation in most care/supervision applications) — see our legal aid guide
Standing: the threshold includes the s.31 Children Act "significant harm" test; the 26-week timetable applies

Why the distinction matters to you

If you're a parent in public law: you have representation rights and the council must work with you; see our care-proceedings-timetable guide
If you're in private law: it's self-financing, self-representation is normal and expected, and mediation is the intended first stop
Sometimes they overlap — a private-law case can convert to public law if safeguarding concerns emerge, and care proceedings spawn family placement/contact applications

Signs a private disagreement may become public

If CAFCASS/the court learn a parent is causing serious harm, or the local authority already has child protection involvement, the private case can escalate into care proceedings. Keep the distinction in mind: in private law you're an equal; in public law the state is scrutinising your parenting.

Official links

https://www.gov.uk/looking-after-children-divorce
Care orders: https://www.gov.uk/care-orders
https://www.cafcass.gov.uk

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.