In many cases, the CAFCASS officer will speak to the children about their wishes and feelings. If a CAFCASS report is ordered, CAFCASS will arrange discussions with the child/ren which can take place in a number of different ways, possibly inviting one parent to attend with the child/ren to see the CAFCASS officer, alternatively, meeting them at school, sometimes over a virtual platform. The parent with whom the child/ren live will be contacted to make the necessary arrangements. CAFCASS work with the children completing assessment forms which are child friendly and provide information without direct questions being asked.

It is usual and considered right for the other party to be warned of any proposed Court application before it is issued, unless it is what the Court would consider an emergency. This is to allow time for negotiations and for solutions to be found. It is also a requirement of the Family Procedure Rules that mediation is considered as means of resolving any dispute as Court action should always be a last resort. Judges encourage parents to reach an agreement or find a compromise rather than have an order imposed upon them.

If an application is made to the Court, it is likely you will have to attend Court at some point. Some hearings are virtual on a platform such as Teams, some are by telephone, whilst others are attended. How the hearing takes place is a decision made by the Judge, most Final Hearings are attended. Other ways to resolve the dispute are available and are encouraged such as instructing a solicitor to negotiate for you, or mediation or other dispute resolution.

Most first Court appointments are procedural hearings and are not attended. These are review hearings at which the Court decides how the case should proceed and to ensure that the Court has all the information available to make a decision at a later date. Subsequent Court hearings can be virtual or attended, depending upon what the Court decide is necessary.

At any hearing it is possible for the parties or their legal representatives to put forward proposals to see if an agreement can be reached. If an agreement can be reached a Judge can approve that agreement and it can become a Court order by Consent. If it is not possible to agree, the court will list your case for another hearing and then make a decision if an agreement is reached before then.

All parties and, if appointed, any legal representatives. The case will be considered by a judge if it is a County Court case or the Magistrates in family proceedings courts.

If you have a legal representative it is usual for them to speak on your behalf but sometimes the Judge may ask questions. If you are Court on your own, you will have to put forward your case but the Judge or Magistrates will help as much as they can.

If there is a hearing for the court to make a decision usually you will have to speak to confirm your evidence for the Court and to answer questions put by the other party (cross- examination).

Custody no longer exists, it was replaced by Parental Responsibility and both parents often have that. If the decision for the Court is about where children live it is now known as “Live With” Order.

The Court will only make such order where there is a dispute and only then when it is in the children’s best interests to do so. “Live With” Orders are not made automatically when parents separate as the Court hope that parents can make arrangements for their children without the Court being involved.

If an application is made, the Court will always do what is best for the child/ren, not for the adults. “Live With“ Orders remain in place until the child reaches the age of 18. The Court also has the power to make temporary “Live With” Orders known as “interim” or longer-term final orders depending on each case and orders can change if circumstances change. Orders in relation to children can change if necessary.

Applications under the Children Act vary in length depending upon the nature of the case. Generally, proceedings take 6-9 months but might take longer if there are concerns about risk or safety, or if the dispute is complex and there are many aspects for the Court to consider.

Although the time frame indicated above is the best estimate, if case dates have to be changed, due to other Court commitments, then proceedings can take up to 18 months.

Contact, now known as “time with” a parent is the child’s right. Contact may be restricted in some circumstances if it is not safe or a child may be at risk. Generally, children’s relationships with their parents should be promoted as it is considered in their best interests.

If, for example, advice has been given by Social Services, that the children may be at risk from contact, legal advice should be sought. If necessary, an application can be made to the Court for contact to be reinstated and the Court will need to consider all the circumstances but take a dim view if contact is being withheld and there is not a good reason or maliciously, for example because there is a dispute between the parents about money.

The general rule is no unless you have the other parent’s permission. In most cases, both parents have what is known as Parental Responsibility and both should be involved in important decisions about their child such as a change of name.

If one parent does not hold Parental Responsibility, it is possible to allow a child to be known by another name without the consent of the other parent but the other parent still has a right to ask the court to stop you changing the child’s name. Generally, the Court are reluctant to agree to a change of name.

The Court considers the name to be a link with the parent with whom they do not live and often insist that there is no change, sometimes when the child wants to change.

No, but the other parent could apply to the Court for permission if the refusal is unreasonable. The Court will consider whether it is in the child’s best interests to have a holiday with their parent and in most cases, the answer will be yes. It is usual for the other parent to be given full details of the holiday, including dates, transport arrangements and details of where the children will be staying.

The Court view children’s time with a parent and maintenance as two separate issues. It is the child’s right to have contact with the parent with whom they no longer live irrespective of financial arrangements. Both parents have a financial responsibility towards their child. The arrangements for maintenance can be via the CSA/CMS or arrangements can be made direct between the parents. The Court may be critical of a parent who restricts a child’s time with a parent as a means of demanding maintenance payments or as a way of punishing a parent for failing to pay.