Children and the court process
The process is begun by one parent making an application on a standard form.
The court will then list the application for a 30 minute conciliation appointment at court. In the absence of welfare concerns, you are encouraged at that hearing to reach an agreement. An Officer of the Children and Family Court Advisory Support Service (CAFCASS) will be present at the hearing to assist both of you and the Judge.
If no agreement is reached at this stage the court will usually ask you to file statements setting out your concerns and what orders you are seeking from the court. Often a CAFCASS Officer is appointed to prepare a report about the relevant issues. The appointed officer will meet both of you, speak to your child’s school and other relevant individuals. They will also meet with your child either to observe them with each of you or to discuss matters with them. These conversations will be at an age appropriate level for your child.
The report often assists parents to resolve their issues. The reason for this is that it is explained that the report will be given great weight by the Judge, at a final hearing, so if it contains a clear recommendation it is likely that a Judge will follow that recommendation.
If a final hearing is necessary both of you will be required to attend court and give evidence on oath and be cross examined. Your child does not attend court. In certain cases the court may consider it appropriate to have your child separately represented. In that situation a Guardian, an independent person who represents your child, will be appointed by the court, and give evidence on behalf of your child.
Family law solicitors
To arrange a discussion with a family law solicitor click here or call us on 0800 840 4929. We are available to take your call twenty four hours a day, seven days a week.
