Children

Court proceedings regarding children usually involve decisions about who children should live with and how much time they should spend with the non resident parent, in the event of parental separation. 

It can be very hard to predict both the process and the outcome.

On the face of it the process is simple.

A first hearing takes place (‘First Hearing and Dispute Resolution Appointment’ or FHDRA) at which the Judge will gain an understanding of what each party wants and why, in general terms. A ‘Cafcass Officer’ is likely to attend.

The Judge is very likely to appoint the Cafcass Officer to make recommendations to the Court about what should be decided. 

Cafcass is an entity attached to the Courts, employing Social Workers to assist the Court in making decisions about the best interests of children. 

Cafcass may interview the parents, possibly grandparents and teachers, and the child or children. The Cafcass Officer will establish the Childs ‘wishes and feelings’. Generally, the older the children, then the more weight will be attached to their stated wishes and feelings.

The Cafcass Officer will write a report making recommendations about how ‘contact’* should proceed. A further hearing will take place at which the Judge will consider the report and the arguments of each party. That hearing could take several forms. It might be a Dispute Resolution Appointment, at which an attempt to reach an agreement between the parties is made, or it might be a Directions hearing, at which the Judge decides how to proceed with the case. The type of Hearing it will be, will be defined in the Court Order following the FHDRA.

A Final Hearing may be ordered, prior to which the parties would produce statements, and they are likely to be cross examined in a witness box, under oath.

The general principle is that children will live with one parent, and spend alternative weekends from after school on Friday until Sunday evening with the non resident parent, plus 50% of school holidays, with Christmas and Easter alternating between the two parents. However there are all sorts of exceptions to this general principle, and in many cases different approaches are taken.

Multiple hearings may be required to reach a final position. Expert Witnesses may be appointed in more difficult cases, such as Child Psychologists or Child Psychiatrists.

Judges have a very great degree of latitude in Children’s Act cases and different Judges can take very different approaches in the same situation.

It is very hard to predict how long a case may take. We have known cases be resolved in a year, but we have been involved in a case that ran for 17 years and involved over 60 hearings, numerous Expert Witnesses, the Police, and over £1.5mn in legal costs.