Applying to Court
Our highly trained solicitors can guide you through the Court Order process relating to the Children Act 1989, including obtaining Child Arrangement Orders and Residence Orders.
Applying to Court in Chesterfield, Sheffield, Dronfield and Mansfield
We can help with your divorce, children or finances matter
Our highly trained solicitors can guide you through the Court Order process relating to the Children Act 1989, including obtaining Child Arrangement Orders and Residence Orders.
Applying to the court is often seen as the last resort because you can only apply to the court when you have ensured that all avenues of amicable agreement have been exhausted. You cannot issue an application without first attempting, or being assessed for, mediation. It is important to remember that a court battle can be a long drawn out series of hearings and, throughout this, your children will be aware of what is happening. They may have to speak to the Court welfare officer (Cafcass officer) during this time, too.
Court Order Process
The Cafcass service are instructed to make preliminary enquiries once your application is made. They will speak to you and the other parent before the first hearing, and make written recommendations to the Court. The Cafcass officer will also be available to discuss issues with you both at the first hearing.
If an agreement can be reached at the first hearing, an order can be made either on a final basis, or on the basis that it is reviewed in the future.
Court Order process if an agreement cannot be reached
If an agreement can’t be reached and the Cafcass has no welfare concerns for the children, then the Court will list the case for a contested hearing where each of you will be able to submit a statement setting out what you believe is best for your children. If there are welfare concerns, possibly due to historic aggression or violence, the Court will make orders to enable it to get to the bottom of what has happened. The Cafcass service will be asked to prepare a more detailed report where the children’s wishes and feelings will be one of the factors that the court will need to consider.
If the Court have to make the final decision on the arrangements for your children, then your ability to control the final outcome has been lost. This is why the vast majority of separating parents manage to make their own arrangements outside the Court arena.
Considering applying to the court?
If you are considering applying to the court due to disputes regarding arrangements for children following a divorce or separation, speak with one of our family law specialists. They are highly experienced, and can provide you with support and guidance during the court process. They may also be able to advise you of other options that may be available to you.
We have offices in Chesterfield, Sheffield, Dronfield, Mansfield and Nottingham.
For more information on applying to the court, or to arrange an appointment with our expert Family Law department, call info@bannerjones.co.uk.
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Common Applying to Court Questions
The judge will look at what would be in the best interest of the child. The court does take into account other factors including which parent the child wishes to live with and the ability of each parent to look after the child. Yes it is possible however the parents must agree this amongst themselves, the court will almost always approve this. If the parents cannot agree amongst themselves the court will make a decision to determine the issue. Your aim should be that both parents still play an active part in the raising of the child/children. Usually parents sort this out amongst themselves, although if there are problems mediation can be a good way to resolve this. Going to Court should always be the last resort where children are involved. These are separate areas of your divorce and are not covered under the no fault divorce law. You will need to reach an agreement on how you are going raise your children whilst living separately and also agree on a fair division of your assets and any ongoing payments. If you are struggling to agree between yourselves, family mediation is the next step as it is a pre-requisite for going to court for a decision in most cases. But there are also other options outside of court if mediation breaks down or is not suitable for your situation. Married mums and dads have Parental Responsibility, which covers decisions about the child’s day-to-day welfare and education. Each parent can apply individual parental responsibility to most situations without approval from the other parent. However, some situations will require discussion and agreement, such as the decision of which school the child will attend, and taking the child abroad for either a short holiday or a longer period. If there is no Child Arrangements Order with a residence element in place, removing a child from the jurisdiction cannot be done without the consent of the other parent or anyone else with parental responsibility. If necessary, Banner Jones can help make the relevant emergency application through the Court for the return of the child or children.
How would a judge decide which parent a child would live with?
Is it possible for a child to live with both parents on a part time basis?
Will I lose touch with my children?
What happens about parenting and finance arrangements with a no fault divorce?
What are Parental Responsibility Agreements?
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