Browse our Private Children Disputes Services
Bury & Walkers have a highly experienced team of children law specialists who can advise and represent individuals on what happens to their children during a divorce or separation.
When a relationship breaks down and there are children involved, what happens with the children can often be a cause of great conflict and stress between the separated couples. It is important to understand that the Court will always consider what is best for the child, which may not be in line with the parents’ thinking.
Mediation in Children Disputes
When planning arrangements for children, there is a requirement that parents try mediation first (unless the case involves domestic abuse) to see if an agreement can be reached. Court should be regarded as a last resort option. Sometimes mediation is less stressful and quicker than going to court.
That is not to say you cannot get legal advice and representation to help you to mediate with your former spouse or partner. It is important to understand how the courts and law may view the children arrangements that you are seeking. During a mediation, an independent, professionally trained mediator will help you and your ex-partner try to reach an agreement on contact and children maintenance payments and other financial arrangements. It is not a mediator’s role to take sides.
Child Arrangement Orders
The Court will always promote co-operation and co-parenting which can be frustrating if either parent is wanting to put forward criticisms of the other.
Having said that, the Court has a specific duty to consider at the earliest possible stage any allegations of domestic abuse, which can include emotional and financial abuse as well as controlling behaviour, not just physical abuse. In each case the Court has to decide whether to investigate allegations of abuse; sometimes it may not do that if the Court does not think it would be helpful in assisting the Court in deciding what to do next.
Child Arrangement Orders (which replaced Residence and Contact Orders) can be applied for by a child’s mother, father or anyone with parental responsibility. The orders cover where a child lives, when they spend time with each parent, and what other types of contact takes place.
Specific issues, such as what school they should go to and if they should have religious education can also be dealt with by this type of order. You may also apply for a ‘prohibited steps order’ to stop the other parent from making a decision about the child’s upbringing.
Involvement of CAFCASS/Social Services
Cafcass stands for ‘Children and Family Court Advisory and Support Service’ and they independently represent children in family court cases in England, ensuring that children’s voices are heard in court. They may be asked by the court to get involved where parents or carers cannot agree on arrangement for their children. For more information on CAFCASS visit Home - Cafcass - Children and Family Court Advisory and Support Service
Private Family Law Case – legal costs
The usual rule in private family law cases is that there will be no order for one party to pay the others party’s costs because there are no winners or losers when it comes to legal proceedings involving children.
At Bury & Walkers Solicitors we offer a fixed fee service for the initial stages of a Child Arrangement Order. We are also able to provide you with an estimate of your legal costs depending on how your case evolves. Currently (as of November 2020) all hearings are being conducted remotely either by telephone conference call or by a video call.
Since the start of the pandemic all hearing have been conducted remotely either by telephone conference call or by a video call, and it is only now that open court hearings are resuming, although the expectation is that remote hearings will continue to be used where ever appropriate.
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