Court Procedure for Disputes Relating to Children
Find out more about the court proceedings in relation to children in divorce cases.
More about Court Procedure for Disputes Relating to Children
If you are involved in a court dispute over children such as a child contact dispute, Forbes Solicitors provides legal representation and support, guiding you through the court process and protecting your interests. Our experienced family solicitors have extensive knowledge in child disputes, ensuring the best possible outcome for you and your family.
What is a Child Dispute?
A child dispute is a disagreement between parents or other carers about the care and upbringing of a child. This can include issues such as where a child should live, with whom they should spend time, and who should make decisions about their welfare. Child disputes can be resolved through negotiation, mediation, or the courts.
When a marriage breaks down, it can be hardest of all on any children, especially if there is a dispute over who the child should live with and where.
In these cases, if the situation can be agreed amicably outside of Court, it is usually the best interests of the child so that they are not exposed to the emotional distress of prolonged Court proceedings. It is vital to seek legal advice if you are involved in a dispute relating to a child. The expert team of Family Law solicitors at Forbes are able to help you through the mediation process and, if necessary, through the Court proceedings with compassion and support - and always with the best interests of your child at heart.
Legal matters relating to children are governed by the Children Act 1989, where the child's welfare is imperative and this will be the guiding principle of the Court.
What is a Child Dispute?
A child dispute is a disagreement between parents or other carers about the care and upbringing of a child. This can include issues such as where a child should live, with whom they should spend time, and who should make decisions about their welfare. Child disputes can be resolved through negotiation, mediation, or the courts.
When a marriage breaks down, it can be hardest of all on any children, especially if there is a dispute over who the child should live with and where.
In these cases, if the situation can be agreed amicably outside of Court, it is usually the best interests of the child so that they are not exposed to the emotional distress of prolonged Court proceedings. It is vital to seek legal advice if you are involved in a dispute relating to a child. The expert team of Family Law solicitors at Forbes are able to help you through the mediation process and, if necessary, through the Court proceedings with compassion and support - and always with the best interests of your child at heart.
Legal matters relating to children are governed by the Children Act 1989, where the child's welfare is imperative and this will be the guiding principle of the Court.
Mediation Information and Assessment Meeting
Before proceedings are started, both parties will be referred to a Mediation Information and Assessment Meeting (MIAM), which the parties can attend together or separately. If the case goes to Court, you and your former spouse will need to show you have attempted mediation in order to go ahead.
The mediator will assess whether or not your case is suitable for mediation and whether there are any risks that would exempt you and your former spouse from the mediation process. Circumstances that could exempt you from the MIAM are:
Domestic abuse
Child protection issues
Related proceedings issued within the prior 4 months
Urgency
A disability which makes the facilitation of a MIAM impossible
Lack of contact respondents' contact details
Imprisonment or bail conditions that do not permit the MIAM
Non-residency in England and Wales
The fact that a child would be a prospective party
Lack of availability of MIAM facilities.
If the MIAM goes ahead and there is an agreement reached between the parties then the case concludes here without the need for Court attendance. If not, an application to the Court must be completed to which the Court will respond with a notice of hearing.
Mediation Information and Assessment Meeting
Before proceedings are started, both parties will be referred to a Mediation Information and Assessment Meeting (MIAM), which the parties can attend together or separately. If the case goes to Court, you and your former spouse will need to show you have attempted mediation in order to go ahead.
The mediator will assess whether or not your case is suitable for mediation and whether there are any risks that would exempt you and your former spouse from the mediation process. Circumstances that could exempt you from the MIAM are:
Domestic abuse
Child protection issues
Related proceedings issued within the prior 4 months
Urgency
A disability which makes the facilitation of a MIAM impossible
Lack of contact respondents' contact details
Imprisonment or bail conditions that do not permit the MIAM
Non-residency in England and Wales
The fact that a child would be a prospective party
Lack of availability of MIAM facilities.
If the MIAM goes ahead and there is an agreement reached between the parties then the case concludes here without the need for Court attendance. If not, an application to the Court must be completed to which the Court will respond with a notice of hearing.
First Hearing
The First Hearing Dispute Resolution Appointment (FHDRA) will usually take place 5 weeks after the application to Court and it will likely be attended by a Cafcass (Children and Family Court Advisory Service) Officer.
The Cafcass Officer is independent of all parties in the case. They will speak with all parties (either together or separately) and, depending on their age, with the child as well as they are specifically trained in working with children. Cafcass Officers often help families resolve disputes at an early stage in proceedings.
The FHDRA gives both parties an opportunity to put their position forward and aims to help you to understand the divisive issues and to reach an agreement. If this is possible, the Court will be able to make the appropriate Order and help you and your former husband or wife to put it into effect as amicably as possible.
If an agreement cannot be reached at this stage, the Court will identify any outstanding issues, while the Cafcass Officer will recommend ways to resolve them.
The Court will also consider if any of the following is needed:
A welfare report from a Cafcass Officer or the Local Authority
A wishes and feelings report from a Cafcass Officer
If there is a need for expert evidence
If there is a need for evidence from either party
If there is a need for a hearing to determine any disputes or allegations
A timetable for the child so that the proceedings can be resolved as soon as it is possible.
First Hearing
The First Hearing Dispute Resolution Appointment (FHDRA) will usually take place 5 weeks after the application to Court and it will likely be attended by a Cafcass (Children and Family Court Advisory Service) Officer.
The Cafcass Officer is independent of all parties in the case. They will speak with all parties (either together or separately) and, depending on their age, with the child as well as they are specifically trained in working with children. Cafcass Officers often help families resolve disputes at an early stage in proceedings.
The FHDRA gives both parties an opportunity to put their position forward and aims to help you to understand the divisive issues and to reach an agreement. If this is possible, the Court will be able to make the appropriate Order and help you and your former husband or wife to put it into effect as amicably as possible.
If an agreement cannot be reached at this stage, the Court will identify any outstanding issues, while the Cafcass Officer will recommend ways to resolve them.
The Court will also consider if any of the following is needed:
A welfare report from a Cafcass Officer or the Local Authority
A wishes and feelings report from a Cafcass Officer
If there is a need for expert evidence
If there is a need for evidence from either party
If there is a need for a hearing to determine any disputes or allegations
A timetable for the child so that the proceedings can be resolved as soon as it is possible.
Review Hearing
This review of the case hopes to avoid a Final Hearing and wrap things up as quickly as possible in the interests of the child's wellbeing.
The Court will assess any evidence provided and identify any further issues and determine if and how they can be resolved. If matters cannot be resolved here, the Judge will set a timetable for evidence in preparation of a Final Hearing.
Review Hearing
This review of the case hopes to avoid a Final Hearing and wrap things up as quickly as possible in the interests of the child's wellbeing.
The Court will assess any evidence provided and identify any further issues and determine if and how they can be resolved. If matters cannot be resolved here, the Judge will set a timetable for evidence in preparation of a Final Hearing.
Final Hearing
Here the Court will review any further evidence and reports, as well as hear evidence from witnesses in order to come to a conclusion as to how the case should be resolved. An Order will be made, concluding the case.
Possible Court Orders include:
Child Arrangements Order Deciding where the child is to live and with whom. It also decides access and contact arrangements.
A Specific Issue Order This is used to settle particular disputes where parents cannot agree on important issues such as schooling, medical treatment or religion.
A Prohibited Steps Order An Order which prevents a parent from taking any course of action with their child (for example, taking the child out of the country) without the express consent of the Court.
Our expert team of Family Law solicitors have the legal experience needed to guide you through such a difficult time and ensure that the best interests of your child are always at the heart of proceedings.
Court Procedure for Disputes Relating to Children FAQs
What is the court procedure for disputes involving children?
Disputes involving children are usually heard in the Family Court. The court will consider the best interests of the child and may make orders regarding child arrangements, access, and maintenance. The court may also appoint a guardian ad litem to represent the child's interests. The court encourages parents to reach agreements through mediation, but if this is not possible, a Judge will make a decision based on the evidence presented.
What types of disputes involving children can be heard in court?
Disputes involving children that can be heard in court include child arrangements and access arrangements, child support, adoption, parental responsibility, and disputes over specific issues such as schooling or medical treatment.
How do I start a court case involving children?
To start a court case involving children you first need to consider if you need to apply for permission to the court. A C100 or C1 needs to be completed. If permission is required, a C2 will also need to be provided along with the application. The current court fee of £232 needs to be paid. It is recommended to seek legal advice before starting a court case involving children.
What factors does the court consider when making decisions about children?
When making decisions about children, the court considers the child's welfare as the paramount consideration. The court also takes into account the child's wishes and feelings, the child's physical, emotional, and educational needs, the likely effect of any changes in the child's circumstances, the child's age, sex, background, and any other relevant characteristics, and any harm the child has suffered or is at risk of suffering. The court also considers the capability of the child's parents or other caregivers to meet the child's needs.
How long does a court case involving children typically take?
The length of a court case involving children can vary depending on the complexity of the case and the court's schedule. However, the Children and Family Court Advisory and Support Service (CAFCASS) aims to complete their assessments within 12 weeks, and cases are expected to be resolved within 26 weeks, unless there are exceptional circumstances.
Do I need a solicitor to represent me in a court case involving children?
It is not a legal requirement to have a solicitor represent you in a court case involving children, but it is highly recommended. The court process can be complex and emotional, and a solicitor can provide valuable guidance and support. It is important to choose a solicitor who specialises in family law and has experience in child-related cases.
What happens during a court hearing involving children?
During a court hearing involving children a Judge will listen to evidence and make decisions about the child's welfare, such as custody, access, and support. The child may also be interviewed by a social worker or a specially trained court officer to determine their wishes and feelings. The court's main priority is to ensure the child's best interests are met.
Can I appeal a court decision involving children?
Yes, you can appeal a court decision involving children. The appeal process varies depending on the type of case and the court that made the decision. Generally, you must file a notice of appeal within a certain timeframe and provide grounds for the appeal. The appeal will be heard by a higher court, which may affirm, reverse, or modify the original decision.
What are my options if I disagree with a court decision involving my children?
If you disagree with a court decision involving your children, you may be able to appeal the decision to a higher court. You may also be able to apply for a variation or discharge of the order if there has been a significant change in circumstances. It is important to seek legal advice before taking any action.
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