Children: Court Process for Children
What happens if an agreement cannot be reached about the arrangements for children?
If all attempts to negotiate or engage in non-court dispute resolution fail, an application for an order under Section 8 of the Children Act 1989 can be made.
What is the court process for these matters?
The process begins with the filing of an application by an eligible individual. The court will then gatekeep the matter and order CAFCASS (Children and Family Court Advisory and Support Service) to complete initial safeguarding checks into each of the parties. They will not speak to the child at this stage.
The court will then list a First Hearing Dispute Resolution Appointment (FHDRA) to narrow the issues and encourage the parties to engage in mediation or reach an agreement. The court may also make interim orders for contact at this stage, provided safeguarding information has been received.
If matters remain unresolved, the court may order further hearings, investigations, or reports from agencies like CAFCASS.
If necessary, the court may list the matter for a final hearing. This involves presenting evidence and arguments before the judge or magistrates, who will make a decision they consider to be in the child's best interests. At the conclusion of the proceedings, the court issues an order, which is binding and enforceable, outlining the arrangements for the child.
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