The Court Process on Child Arrangement Orders
The Court Process on Child Arrangement Orders
It's crucial to be ready to handle every step of the legal process once a relationship ends if you have kids with your partner. During mediation or the preliminary stages of your legal representation, the phrase "Child Arrangement Order" may be used. A Child Arrangement Order is what, though?
Negotiations or mediation to resolve the case may be started at any time during the judicial procedures. Following that, below is the information you should be aware of regarding Child Arrangement Orders and how to apply for one.
Note: Since family law is, in part, a matter of opinion, your specific situation may not be covered by this counsel.
A Child Arrangement Order: What Is It?
In accordance with English family law, a Child Arrangement Order is a contract. Following a breakup or divorce, it specifies who the child can interact with and where they can live. It is a legally binding order, thus everyone involved must abide by it.
Before submitting a Child Arrangement Order application
Before you can apply, you normally need to attend a mediation meeting. A mediation and information meeting (MIAM) can be a remarkably helpful method of resolving problems with your relationship. But it isn't always required if:
Applying for a Child Arrangement Order costs £232. Courts are aware that not all parents or guardians have the financial means to cover this cost. If you are receiving benefits or have a low income, you may be eligible for assistance in covering this charge so you can submit your application.
The court will set a date after the application has been filed to determine whether it is appropriate for the case to be considered by magistrates or referred to a judge. Both parties will receive phone calls from the Children and Family Court Advisory and Support Service (CAFCASS). The Children and Family Court Advisory Service is known as CAFCASS, and its representatives are social workers. Protecting the interests of children involved in court proceedings is the responsibility of CAFCASS.
The steps involved in the legal procedure
You will start court procedures after submitting your application for a child arrangement order. A breakdown of each procedure you can use is provided below.
A CAFCASS officer may be appointed to speak with both parties prior to any proceedings so they can advise the court.
First Hearing Appointment for Resolution of Dispute (FHDRA)
The dispute's issues are located using the FHDRA, and an attempt is made to address them. The FHDRA must be attended by all parties, and typically a CAFCASS officer will be there as well. Problems are openly discussed throughout the hearing, and remedies are offered. In this phase, agreements might be reached and then officially documented by the courts. If no agreements are reached, the court will think about what evidence is necessary to make an informed conclusion and will issue an order with directions for the material to be filed by the next hearing date.
The court may then request that CAFCASS submit a report on the wellbeing of the children before making a decision about the issues at hand. An S7 report is what you have here. During the processes, they will speak with both parties and the kids if necessary in order to present their report. They might also consult with other family members, educators, and healthcare professionals. A Fact-Finding hearing could take place if there are claims of domestic violence or child abuse and it's not apparent if the claims are accurate or not.
Appointment for Conflict Resolution (DRA)
The court will have by this time all the reports, testimony, and other data needed to reach a decision. As many concerns as possible are settled via the DRA. The court will specify the main questions that must be answered and the degree to which those questions can be answered or reduced. If a settlement is reached, the court may issue an order incorporating the terms of the agreement, and the case may be over. They will instruct the parties to submit any more evidence and set a final contested hearing if no agreements are reached.
Last Hearing
In a final hearing, the judge considers the testimony from all previous hearings and renders a ruling. The parties and other witnesses will testify in front of the court. If a CAFCASS officer is present, they will appear in court to present testimony. Anyone who does provide testimony will be questioned about it by their own legal counsel, the legal representative of the other side, and occasionally the court. The parties have one more opportunity to reach an agreement during this process. If this is not possible, the judge will reach a final decision and record it in a final order after hearing all the evidence.
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