Private Law Children

This information relates to disputes about children that involve parents and/or other family members but not a public authority.

Do I have to go to court?

No, there are a number of ways to try to resolve a dispute outside of court. Before you make an application for an order concerning a child you will nearly always be expected to have tried to resolve it using an alternative form of dispute resolution first.

One of the most common ways of doing this is by way of mediation. You can attend a Family Mediation Information and Assessment Meeting (MIAM) to see if mediation is appropriate. There are different ways mediation can take place and this is something which a mediator can discuss with you. The court will usually refuse to deal with any application you make for an order if you have not attended one of these meetings, unless there is a particular exception such as a risk of domestic abuse or in the event of an emergency.

There are also other options including the collaborative law process, arbitration or negotiation through solicitors.

The Welfare Principle

The welfare of the child is paramount and when making an order the court will apply the welfare checklist set out in the Children Act 1989.

• The ascertainable wishes and feelings of the child concerned (considered in light of their age and understanding);
• Their physical, emotional and/or educational needs;
• The likely effect on them of any change in his circumstances;
• Their age, sex, background and any characteristics of theirs, which the court considers relevant;Any harm
• which they have suffered or are at risk of suffering;
• How capable each of the parents and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs;
• The range of powers available to the court (under the Children Act of 1989) in the proceedings in question.

Parental Responsibility

Each person with Parental Responsibility for a child should be involved in any important welfare decisions. This includes matters such as education and schooling, medical treatment and a child’s religious upbringing.

Court Orders

There are a range of orders which a court can make depending on the application which has been made and the particular circumstances of the case.

Child Arrangement Order: this is an order specifying who a child shall live with and setting out the time they should spend with the other party

Prohibited Steps Order: this is an order restricting the exercise of Parental Responsibility. The most common examples are:-

• Prohibiting a parent from removing a child from the jurisdiction of England and Wales
• Prohibiting a parent from removing a child from the care of the other parent or school
• Prohibiting a parent from allowing the child to come into contact with a named person

Specific Issue Order: this is an order setting out what action the parents should take in a particular situation such as where they should enrol a child in school or whether a child should undergo a particular medical procedure

Special Guardianship

The Court can grant a Special Guardianship Order to someone who is not a parent but who is looking after a child and needs to have a stronger level of Parental Responsibility than a parent who might otherwise be involved with welfare decisions. A Special Guardianship Order might be appropriate for a grandparent, foster carer or other relative who is caring for a child. The Special Guardian can overrule parents on most day-to-day welfare decisions. There are some important welfare decisions where parents cannot be overruled without a court order, for example a change of name for the child or the removal of the child from the jurisdiction by the Special Guardian for longer than three months. Parents cannot apply to the Court to overturn the Special Guardianship Order without special permission although they can apply to spend more time with the child without such permission.

How can we help?

The above summary is only very general information. We can provide advice or representation tailored to your own particular circumstances. To find out more about your options and how we can assist you please contact us on 01823 256 494 or submit an online enquiry below.