Leeds Child Arrangements Orders & Private Children Disputes

There are lots of ways you can try to resolve disputes about the care or living arrangements for children in the event of separation. If you feel comfortable, try talking to your partner directly. If you are worried that tempers might flare you may wish to consider having a friend, family member or neutral third party present. Think about where you want to have the conversation. Some people prefer the privacy of their home or a familiar environment known to both parties. Others might prefer a more public place like a coffee shop or similar. If you cannot reach agreement directly, using mediation can be really effective in suitable cases. A specialist children mediator can help guide you towards a solution, and record the terms of any agreement in an outcome statement.

Mediation is not for everyone. Other forms of alternative dispute resolution include collaborative family law, arbitration or negotiations between solicitors. This could be in writing, or through a round table meeting. There is no one size fits all, so what works for one family might not be right for another.

You may wish to record what you decide in a parenting agreement. Although these agreements are not legally binding, they can be really useful to clarify what your intentions are moving forward and how your children’s care arrangements will be managed. Cafcass provide a useful template for parenting agreements that you can access on their website.

To start legal proceedings you will need to complete an application in a form known as the “C100”. Your application will be filed in the Family Court and this will trigger a standard court timetable. In most cases unless a relevant exemption applies you will need to obtain an exemption certificate from a mediator before you can start the process. This is intended to encourage parents to consider negotiations/mediation before committing to a court application. Sometimes you can dispense with this and not all cases are suitable for mediation. Typical exemptions include if there is an urgent issue, if there is a risk to the children or one of the parties or if there are concerns about domestic abuse for example.

Normally, after a court application is made your case will be listed for an initial hearing within five to six weeks. The initial hearing (known as a first hearing dispute resolution appointment) is used to try to identify the issues in dispute, see if the issues can be narrowed and to try promote an agreement if possible. If agreement cannot be reached the court will make directions to progress the application. This might include directions for witness statements to be completed by the parties, for further involvement from Cafcass or for expert evidence if necessary.

Cafcass are the Children and Family Court Advisory and Support Service. Cafcass represent children in family court cases in England. They will consider the children’s needs, wishes and feelings and they provide a perspective on this independently of the parties involved in the court proceedings. Cafcass are a statutory body that operate independently of the courts, social services, education and health authorities. They provide an investigatory and advisory function to the court and will speak with both parties in court proceedings, undertake safeguarding and welfare checks and set out recommendations to the court in writing. In some cases, Cafcass officers may be asked by the court to work with families in more detail to explore the wishes and feelings of the children more carefully or consider other specific issues that might be disputed, before advising the court on what they consider to be in the best interests of the children.

This can vary widely depending on the nature of a case and the issues in dispute. An initial hearing will usually be listed within five to six weeks and many applications are resolved at this stage. However, this is not always the case. Sometimes, it may be necessary for further review hearings to be listed. If parties are unable to reach agreement then the application will be listed for a contested final hearing where a decision will be made by the court to determine a child’s care arrangements or address any other issues that the court has been asked and has jurisdiction to decide.

The court is required to try dispose of applications at the earliest opportunity and there is a presumption that any delay is likely to be prejudicial to the welfare of children. However, notwithstanding this, there are some cases where Children Act applications may take 6 to 12 months to determine and very rarely instances where it could take longer than this, although this would be more exceptional.