In any family breakdown where there are children, they will be your first and greatest concern. Unfortunately not all parents can agree the arrangements for their children upon separation and it may be necessary for solicitors to be involved. At MK Legal we will ensure you are fully advised of the options available to you and, if it becomes necessary to proceed to Court, we will do all we can to make the process as painless as possible.
Children Act Proceedings
We will explain the court procedure when making an application in the court in respect of children. This could relate to contact or residence issues or specific matters which are affecting the children such as education, medical treatment or holidays which neither you nor your spouse / former spouse, partner / former partner can agree upon.
Proceedings can be filed in either the Family Proceedings Court or the County Court. If there are connected divorce proceedings, the application will need to be made in the same County Court. The purpose of such proceedings is to settle any dispute affecting a child. We will always encourage the parties to reach agreement between themselves without involving the Court.
The Children Act 1989 states that the most important factor in deciding about the arrangements for any child is what would be best for them. The court is directed not to make orders unless it is considered that an order is beneficial to the child. This is because it is considered better for the arrangements for children to be agreed between the parties wherever possible rather than have an order imposed by the court.
The initial hearing of the application is designed to assist parties in reaching an agreement and is called a Conciliation Appointment. You are both required to attend with your legal advisors in order to allow for an attempt at a negotiated settlement. A CAFCASS Officer (a Children and Family Court Advisory and Support Service Officer appointed by the Court) will also be present at the appointment to assist the District Judge.
If no agreement can be reached despite negotiations and the input of the independent CAFCASS officer, the court will move on to make directions for the future conduct of the matter. This may include the filing of Statements of Evidence, the preparation of a Welfare Report by the CAFCASS Officer, and will determine when the final hearing date should take place, if appropriate. Unfortunately it can take up to three months for a Welfare Report to be prepared.
The period of time between hearings may be less but this generally depends upon whether it is necessary for a Welfare Report to be prepared and the time it takes for such report to be prepared.
If agreement is reached, a decision must then be made as to whether an order can be made by consent or that no order is necessary.
If an agreement is not reached and the matter proceeds to a Final Hearing, at this stage it is likely to be necessary for both parties to be represented by a Barrister and to give evidence at the hearing. It is also open for either party's representative to cross examine the other. However, the majority of cases do settle before reaching a final hearing.
The way in which the arrangements for the children are dealt with can be key to how children react and adjust to their new family environment and should be remembered throughout your discussions.
To talk to a family lawyer about your own personal circumstances call 01604 828282 or email for a £99 fixed fee appointment
