It’s very difficult to make decisions about your child’s future when you and the other parent are separating. To see the wood for the trees can seem like an impossible task, but it is achievable, for not just the peace between you and the other parent, but most importantly, for the child.
Do we have to go to Court
No you don’t. The Court wants to stay out of family matters as much as possible. They’ll expect you and the other parent to work together to come to an agreement.
The Children and Family Court Advisory Support Service (CAFCASS) have a parenting plan on their website to help you and the other parent work through the basics i.e. what happens in term time, how do you deal with new partners and what school your child attends.
We can also help you draft a comprehensive agreement between you that covers each eventuality, including maintenance and travel.
Can we have a formal order even if we do agree
Of course. You can formulate your agreement into a formal consent order which will be approved by a judge.
What if I don’t think my child should spend time with their other parent
There has to be serious reason why this shouldn’t be the case. Every child has the right to have qualitative and quantative time with each parent, unless that parent is a risk to them emotionally, psychologically, sexually or physically.
In those cases, the Court, CAFCASS or sometimes the Local Authority will assess what is the best way to manage the time your child spends with them. If the Local Authority has not been involved and you want to make an application to have the Court decide, you can make an application on a C100 form.
What happens at Court
When you do make an application, must have the Mediation Information and Assessment Meeting (MIAM) from the mediator in advance. The application is sent for safeguarding review by CAFCASS (Children and Family Court Advisory Support Service). They will check if your child is known to the police, Children’s Services or subject to any care order before determining if the matter needs to go to Court or back to mediation. If you’ve made an application, most likely this will progress to a Court hearing.
First Hearing Dispute Resolution Appointment
If the Court has decided to progress with a hearing, you’ll be before either a set of three magistrates with a Legal Advisor or a level of judge, from a district to a circuit judge.
At this hearing, the Court will see where you and the other parent are and if there is any scope for agreement.
If not, you will be given a list of directions such as obtaining school reports, GP letters or providing witness statements.
CAFCASS or if your child is known to the Local Authority, will prepare a report for the Court.
Dispute Resolution Hearing
This is almost like mediation with the benefit of the magistrates or a judge. With the benefit of expert reports, from CAFCASS or the Local Authority and any witness statements from both parents, this will be an opportunity to attempt an order that both parents can live with. The Court will encourage settlement as much as possible.
If agreement cannot be reached, the case will be set for a final hearing, with arrangements being set in the meantime to account for holidays, birthdays and special events until the final hearing.
Final Hearing
Both parties will give oral evidence and be cross examined by their respective legal representatives.
The Court will then make a final decision as to who lives with your child and what time they spend with each parent.
What about costs against the other parent?
The Family Court’s principle is to not impose costs orders against parties, to avoid having a freezing effect on people being able to go to Court and make applications if their belief that it is for the best interests of the children.
However, if it’s evident to the Court that the other party’s resistance to an application or order is so intransigent and so contrary to what would be in the best interests of a child, the Court may award costs against them. But it rarely happens particularly when so many family applicants or respondents act for themselves.
Firm’s Costs
Our costs for agreed orders start at £2,500 plus VAT. Hearings excluding counsel fees, start at £3,000 plus VAT per hearing, depending on the complexity of the case.
If you have any questions, please contact the Private Family Team on 0207 254 6205
One thought on “Child Arrangement Applications”