CHILDREN ACT PROCEEDINGS 1989

The purpose of such proceedings is to settle any disputes affecting the arrangements for the children. Issuing proceedings should be the last resort for parents after they have tried to sort out the dispute that has arisen in other ways, for example, mediation. It is less than ideal having decisions about your children made for you by a District Judge or a Bench of Magistrates. It should be the parents of the children who make the decisions. However, from time to time there is no alternative and provided that parents are able to confirm that they have attended a Mediation Information and Assessment meeting prior to issuing court proceedings and have been advised that mediation is not suitable for them, an application can be made to the court. The court fee is currently £200.

The Children Act 1989 states the most important factor in determining the arrangements for a child is what will be in the child’s best interest. The court is directed not to make any orders unless it is considered that an order is beneficial to the child. 

In family law, what used to be called “Custody” and “Access” are now known as “Residence” and “Contact”. 

The Children’s Act states that a child’s welfare is of paramount consideration when the court considers any question in relation to the upbringing of a child.  The court applies what is known as the “Welfare Checklist” to help reach its decision. 

The factors taken into account are as follows:

• Wishes and feelings, considered in light of the child’s age and understanding  
• Physical, emotional and educational needs  
• Age, sex, background and any characteristics which the court considers relevant 
• The likely effect of any change in the child’s circumstances 
• Any harm which the child has suffered or is at risk of suffering 
• How capable each parent is in meeting the child’s needs 

Usually at the first hearing the parties are encouraged to reach an agreement at what is known as a “Conciliation Appointment”. 

An independent child and family reporter (CAFCASS officer) will often be present at the appointment to assist the District Judge and indeed the parties in reaching an agreement.

If no agreement can be reached and if there are welfare issues to consider the CAFCASS officer may be directed to prepare a report on the issue of contact/residence. Directions may also be made for filing of evidence by the parties to assist the court in making its decision at the final hearing. 

It can take up to 14 weeks for the welfare report to be prepared and therefore the final hearing may not be listed until approximately three to four months after the first appointment. 

Usually parties are able to agree on the arrangements for the children upon considering the CAFCASS report thus avoiding the emotional strain and costs of a contested hearing. As with all court proceedings in family matters, if an agreement can be reached before the contested hearing, proceedings can be brought to a close provided that the District Judge or the Magistrates are happy to make an order enshrining the terms of agreement reached.

If you have any queries you can send Glynis an email or if you prefer you can telephone Glynis on 0844 225 2790. Glynis will welcome the opportunity of speaking with you personally.