When a relationship comes to an end there are often issues in relation to children which have to be addressed. Most people are able to separate the relationship issues from the children issues and as a result reach agreement between themselves on the future arrangements for the children. This will include issues such as who the children will live with, where they will live and the arrangements for contact with the children.

The emphasis must always be on reaching an amicable agreement if at all possible. Sometimes this can be done without any outside assistance, but on occasions the assistance of solicitors may be needed.

It is often the case that once solicitors have been instructed any disputes regarding the children are resolved amicably without the involvement of the court. In a small minority of cases, however, it is necessary to make an application to the court. Most of these applications are for Contact Orders and/or Residence Orders.

Court Proceedings

The court application is started by completing a fairly simple form which is then sent to the court along with the relevant court fee. On receipt of the application the court will set a date for the first hearing, known as the First Directions Appointment or Conciliation Hearing. This will usually take place within approximately 6 weeks of the application being sent to the court.

At this hearing the parties will be asked to meet with the CAFCASS officer who will try to narrow the issues in the case and also to see if an agreement can be reached. If this proves not to be the case the court will make an order as to how the case should proceed, which will normally include a requirement for witness statements to be prepared by the parties and for the CAFCASS officer to prepare a written report setting out the issues and his/her recommendations as to how they should be resolved.

In the event that agreement cannot be reached after receipt of the CAFCASS report the matter will normally proceed to the final hearing, where the Judge will make a decision on the issues in dispute.

Law

Although it is not possible to provide a detailed explanation of the relevant law here, it may assist to set out some basic principles. The relevant legislation in most cases is the Children Act 1989 and section 1 of that Act sets out two very clear principles.

The first is that in all cases involving a child, the child's welfare shall be the court's paramount consideration. The second is a list of factors which the court shall have regard to when it is considering whether to make a contact or residence order. The factors are:

1. the ascertainable wishes and feelings of the child;
2. the child's physical, emotional and educational needs;  
3. the likely effect on the child of any change in circumstances;  
4. the child's age, sex, background and other characteristics which may be relevant;  
5. any harm the child has suffered or is at risk of suffering;  
6. how capable the child's parents are of meeting the child's needs;  
7. the range of powers available to the court.  

For further information or for advice on any issues regarding your children please contact us.