BlaserMills Solicitors - Residence & Contact Applications For Children

RESIDENCE AND CONTACT APPLICATIONS FOR CHILDREN

Children Act 1989

Following the breakdown of a relationship, one or other of the parties may find it necessary to make an application to the Court for a decision affecting any child of the relationship. Such applications are made under the Children Act 1989.

The aim of the act is to encourage cooperation between the parties in respect of the childrens needs and welfare.

Parental Responsibility

This is the right, or duty, that parents have in respect of their children.

If you are married at the time that your child is born, both you and your spouse have joint parental responsibility and this will not change if you divorce.

If you are not married, the mother of the child automatically has parental responsibility. Whether the father has parental responsibility depends on when the child is born. You should seek further advice from your solicitor about this.

Even if you are not married you can acquire parental responsibility by agreement or Order of the Court.

Orders that the Court may make

Under the relevant law the Court may make any of the following Orders:

Parental Responsibility

Residence (with whom the child should live)

Contact (who the child can see). Orders can define the frequency of contact and specify arrangements for collection and return of the children.

Prohibited Steps (limits how and when certain parental rights and duties can be exercised).

Specific Issue (will contain directions to resolve a particular issue in respect of a child which is in dispute).

Presumption of No Order

The Court will only make a formal Order if there is a dispute over an issue regarding the child. If there is no dispute, no order will be made. There is a basic presumption that the Court should not intervene unless it is in the best interest of the child for the Court to do so.

Welfare Principle

When making any decision, the Courts paramount consideration is the welfare of the child.

Parents should appreciate that any prolonged dispute over issues regarding the children will be likely to have a detrimental effect upon the children. Therefore it is important that parents attempt to co-operate as far as possible in making decisions regarding the childs welfare.

Mediation

It is possible for issues to be resolved without contested Court proceedings - through meetings with a Mediator. This is an alternative method of dispute resolution. Your Solicitor can give you further information about Mediation.

Relevant Factors

In deciding whether to make an Order, the Court will have regard to a number of matters that include:

The wishes and feelings of the child in light of the childs age and understanding

The childs physical, emotional and educational needs

Any change of circumstances

The childs age, sex, background and any other relevant factors

Any harm the child has suffered, or might suffer

The ability of the parents to meet the needs of the child

Commencing Proceedings

Proceedings are started by making an application to the Court. At the initial hearing the Court will offer a mediation appointment to the parties. If no agreement can be reached the Court will make directions as to what will happen next and how to progress the case.

CAFCASS Officer

A CAFCASS Officer is an independent person who is appointed by the Court to consider the application, make recommendations and report to the Court.

Applications by other family members, including Grandparents

It is possible for a grandparent, or any other family member, to apply to the Court for any of the Orders listed above. Unlike a parent, however, they will need the Courts permission to make the application. Your Solicitor can advise you further about this.

Public Funding

You may qualify for Public Funding (also known as Legal Aid). You should seek further advice from your Solicitor if you believe you may qualify.