If parents cannot agree about arrangements for their children it is possible to apply to the court for an order under the Children Act 1989. The court can make the following orders:-
- Residence Order (an order providing with whom the children should live).
- Contact Order (an order specifying what contact a non-residence person should have with the children).
- A Prohibited Steps Order (an order prohibiting someone from taking steps in relation to a child e.g. removing a child from England and Wales)
- Specific Issue Order (an Order about an issue in dispute e.g. which school a child should attend).
- Parental Responsibility Order (an Order giving a father who does not already have Parental Responsibility, a legally recognised right to have a say in decisions about his child’s life).
THE PRINCIPLES
The Act sets out three main principles:
- The welfare of the child is of paramount importance
- Any unnecessary delays in settling a dispute may be harmful to the child.
- It is nicer for children if there is no need for an order.
When making a decision about a child the court must consider the following:-
- The child’s ascertainable wishes and feelings (considered in light of his age and understanding);
- His physical, emotional and educational needs;
- The likely effect on him of any change in his circumstances
- His age, sex, background and any relevant characteristics
- Any harm which he has suffered or is at risk of suffering;
- How capable each of his parents and any other relevant person is of meeting his needs;
The range of powers available to the court
THE PROCEDURE
Application
An application is made on prescribed forms and there is a court fee payable of £175.
First Directions Appointment
Approximately three to five weeks after making the application there will be a hearing to timetable the case. Directions will usually be given for statements to be filed and a CAFCASS officer to be appointed. A final directions hearing and a final hearing will also be scheduled. The final hearing will usually be scheduled for five to six months time.
In some courts there may be provision for the parties to attend a mediation meeting with a CAFCASS officer at the court.
The CAFCASS Officer
This is a person appointed by the court to meet with the parents and the children and to file a report with recommendations about what orders should be made. A report normally takes four months.
Final Directions Hearing
Shortly after the CAFCASS report has been received there is a further hearing. If agreement can be reached a final order can be made. If agreement cannot be reached directions will be given relating to the preparations for the final hearing.
The Final Hearing
The Judge will hear from both parties to the proceedings, the CAFCASS officer and any other relevant witnesses and then make an Order bearing in mind the principles set out above. If the Judge departs from the recommendations of the CAFCASS officer he/she needs to give clear and precise reasons.
This is a brief outline of the procedure under the Children Act. However every family is unique and the procedure can be adapted to take into account the particular needs of the children involved. If you have any queries about how the Children Act applies to you please contact Neves 01582 725311 or 01908 847115 and you will be referred to our specialist Family Department.
