Children
Dealing with the breakdown of a relationship or marriage can be incredibly difficult. Addressing the arrangements for the children and trying to decide what is best for them can often come with numerous challenges, especially at an already emotional time.
The easiest way forward is always by reaching a mutually acceptable arrangement, agreed by both parents. That said, it is not always realistic nor possible to do so. We can help guide you through the best options for you and your set of circumstances, providing strong support and representation when you need it most. We will always try and settle matters as quickly and as amicably as possible, without the need to issue a Court application. On occasions, however, third party assistance is unavoidable and this can come in numerous forms including:
Assistance and Support from a Solicitor
We are able to support and advise you throughout the mediation process. Alternatively, or in addition, it can be common for arrangements surrounding children to be agreed within written correspondence and negotiations with the assistance of Solicitors.
A Court Application
An application to Court to address children issues is considered to be a remedy of last resort. As such, a pre-requisite of Court applications of this nature (save for emergency applications) is a referral to Mediation and to attend a MIAM (Mediation Information and Assessment Meeting).
The most common application surrounding children is for a Child Arrangements Order, whereby, the Court decides with whom a child should live and the amount of time that they should spend with the other parent. Previously Child Arrangements Orders were known as ‘Contact’ and ‘Residence’ Orders.
In addition, the Court can deal with a wide range of other issues that cannot be agreed between parents including, holidays, internal relocation (to another part of England or Wales), relocation to another country, schooling issues, accessing medical treatment and religion etc. Matters of this nature would usually fall under a Specific Issue Order or a Prohibited Steps Order.
Regardless of the application being made, the Court process is usually similar and issued Court Proceedings progress in a structured way.
Once an application is made to the Court, a date for both parents to attend Court is given and this is called the First Hearing Dispute Resolution Appointment. There will usually be a Family Court Adviser from CAFCASS (Children and Family Court Advisory and Support Service) at Court. They should also send you information before, as well as telephoning you.
At Court the Judge or Magistrates will try to work out:
what you can agree;
what you cannot agree; and
if your child is at risk in any way.
They will encourage you to reach an agreement if it is in the child’s best interests.
If you can reach an agreement, and there are no concerns about the child’s welfare, the Judge or Magistrates can end the process and can make a Consent Order, which sets out what you have agreed and is legally binding.
If you cannot agree at the first Court hearing, the Judge will set a timetable for what needs to happen next. They may ask you to try again to reach an agreement, for example by going to a meeting with a mediator.
You may be required to go on a course such as the Separated Parents’ Information Programme, if your case is about child arrangements. Commonly, one or two meetings will be necessary, depending on the type of programme. Your ex-partner will not be at the same meetings as you.
The Court can ask CAFCASS to provide a report on your case to help decide what is best for the child concerned. This report (often referred to as a ‘Section 7 Report’) can be either broad-ranging or focussed on a particular issue.
As with all applications to Court concerning children, the child’s welfare will be the court’s paramount consideration. In addition, the Court may consider:
the child’s wishes and feelings (depending on the age and maturity of the child);
the child’s physical, emotional and educational needs;
the effect any changes may have on the child;
the child’s age, gender, characteristics and background;
the possible risk of harm to the child;
the ability of each parent to meet the child’s needs;
orders the Court has the power to make.
A Judge or Magistrate will only make an Order if they think it is both necessary and in the child’s best interests. This is something that is referred to as the ‘No Order Principle’.
In circumstances where there is a genuinely urgent need for an Order, it is possible to make an emergency application to the Court, sometimes without notice being given to your ex-partner. Applications of this nature are not as common, but the Court does have wide powers to safeguard children and the ability to make Orders very quickly.
We are able to assist and advise you on all issues which might arise surrounding your child or children. We understand how precious they are and we also understand that going through any Court proceedings surrounding your child or children can be highly stressful and emotional. Our aim is to minimise that stress, by doing what we do best and using our considerable expertise and experience to conclude matters as sensibly, constructively and cost-effectively as possible, whilst ensuring that your position is fully protected at all times.
We are also able to offer, in most cases, various fixed fee services to assist with progressing matters surrounding your child or children, and we may also be able to apply to reduce or waive the usual Court fee of £232, depending on your financial circumstances.
We recognise that legal costs can be significant and a worry, but this should not deter you from getting specialised legal advice. We aim to be transparent and clear about the costs, and will keep you regularly updated. We will also always offer suggestions of how you can keep your costs down.
We offer a FREE first appointment, so take the first step and reach out to us now by either telephone on 01962 809056 | 02380 653785 or email us to arrange a convenient time on contact@mitchellryansolicitors.co.uk.