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Family law: child arrangements

LawWorks Channel・55 minutes read

Georgie and Selena from FLiP offer guidance on private children proceedings, emphasizing resolving disputes outside of court and highlighting key legislation like Section 1 of the Children Act. The session covers court processes, orders like Child Arrangements Orders, and the importance of creating witness statements and settlement conferences to potentially avoid final hearings.

Insights

  • Private children proceedings training by Georgie Jacob and Selena Ave Barnes from FLiP focuses on court processes for disputes between separated parents regarding children's arrangements, emphasizing child welfare under Section 1 of the Children Act.
  • The session covers various court orders like Child Arrangements Orders and Prohibited Steps Orders, highlighting supervised and supported contact options, as well as the importance of seeking legal advice, attending MIAM, and preparing detailed statements for court proceedings.

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Recent questions

  • What are the key considerations in private children proceedings?

    The key considerations in private children proceedings include the child's welfare as paramount, the child's wishes, physical and emotional needs, potential harm, and parents' capabilities.

  • What types of orders can courts issue in private children proceedings?

    Courts can issue Child Arrangements Orders, Prohibited Steps Orders, and Specific Issue Orders in private children proceedings.

  • What is the purpose of a fact-finding hearing in private children proceedings?

    The purpose of a fact-finding hearing is to establish facts based on the balance of probabilities, with a lower burden of proof than criminal proceedings.

  • How can parties resolve conflicts in private children proceedings outside of court?

    Parties can resolve conflicts outside of court by attending mediation information and assessment meetings (MIAM) to explore options and potentially reach resolutions.

  • What is the role of witness statements in private children proceedings?

    Witness statements play a crucial role in supporting applications or responses in private children proceedings, detailing concerns and addressing the welfare checklist.

Related videos

Summary

00:00

Private Children Proceedings: Practical Guidance and Challenges

  • Training session on private children proceedings by Georgie Jacob and Selena Ave Barnes from Family Law in Partnership (FLiP)
  • FLiP associates Georgie and Selena focus on family law issues, including divorce, civil partnership dissolution, and children's arrangements post-separation
  • Session aims to provide practical guidance on court processes for private children proceedings, distinct from public law cases
  • Emphasis on resolving disputes between separated parents regarding children's arrangements outside of court
  • Challenges in the family court system highlighted, including delays exacerbated by the COVID-19 pandemic
  • Key legislation in private children proceedings is Section 1 of the Children Act, focusing on the child's welfare as paramount
  • Welfare checklist considerations include child's wishes, physical and emotional needs, potential harm, and parents' capabilities
  • Principles like parental involvement presumption, avoiding delay, and no order principle guide court decisions
  • Section 8 of the Children Act grants courts powers to issue Child Arrangements Orders, Prohibited Steps Orders, and Specific Issue Orders
  • Eligibility to apply for Section 8 orders extends to those with parental responsibility, including parents, step-parents, and others with significant involvement in the child's life.

17:25

Navigating Child Custody: Options and Procedures

  • Co-parents can choose to have a structured visitation schedule to limit communication, while others prefer a more flexible arrangement.
  • Supervised contact involves professional supervision in a contact center or other locations, usually paid for.
  • Supported contact involves support from a friend, grandparent, or other party, specified in the court order.
  • Supervised contact is common in cases of harm allegations, with professionals providing detailed contact notes.
  • Prohibited steps orders prevent actions like removing a child from the UK or changing their name, often done urgently.
  • Specific issue orders resolve disputes related to parental responsibilities, such as schooling or religious upbringing.
  • Internal relocation cases involve detailed applications, with no differentiation between internal and external relocations.
  • Seek advice from a solicitor and attend a mediation information and assessment meeting (MIAM) before court application.
  • MIAM aims to explore resolution without court involvement, with parties sharing their situation and exploring options.
  • Court applications like C100 online form require details on child's living situation, safeguarding concerns, and safety issues.

33:53

Conflict Resolution Course for Child Custody Cases

  • The course is a four-hour session focusing on positive options for resolving conflicts and improving communication between parties, particularly in cases involving children.
  • Parties can self-refer to the course, which may involve recommendations for fact-finding hearings and preparation of Scott schedules and witness statements.
  • Fact-finding hearings have a lower burden of proof than criminal proceedings, based on the balance of probabilities.
  • Scott schedules require parties to summarize relevant allegations and provide supporting references, limited in number to focus on pertinent issues.
  • Cafcass officers may recommend Section 7 reports on child welfare, prepared by either a Cafcass officer, social worker, or independent social worker.
  • Section 7 reports involve meetings with parties, children, and relevant third parties, addressing questions based on the welfare checklist.
  • Parties may request experts like psychiatric assessments or independent social workers, with applications made on form C2 and following specific rules.
  • Witness statements are crucial in support of applications or responses, detailing concerns and addressing the welfare checklist.
  • Settlement conferences offer a voluntary opportunity for parties to discuss resolutions with a judge and Cafcass officer, potentially avoiding a final hearing.
  • If parties do not settle at the Dispute Resolution Appointment (DRA), the court may set directions for a final hearing, with witness statements typically post-DRA addressing concerns and seeking specific outcomes.

49:56

"Creating Effective Witness Statements for Court"

  • Statements used at final hearings are crucial for parties to rely on during cross-examination.
  • Statements should focus on children and the welfare checklist, avoiding criticism of the other parent.
  • Practice Direction PD22A outlines how to create witness statements for court proceedings.
  • The President expressed frustration with witness statements being used as a battleground against the other party.
  • Final hearings involve judges making decisions based on evidence, potentially including expert testimonies.
  • Parties may appeal final orders only in specific circumstances where the law was misapplied.
  • Orders following hearings should be concise, outlining decisions made and any remaining issues.
  • Recitals in orders should be brief and neutral, avoiding lengthy arguments or positioning.
  • Alternative dispute resolution methods like mediation and arbitration can help avoid court battles.
  • Creating a parenting plan or agreement can facilitate effective co-parenting and reduce conflict.
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