Child Arrangements
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When parents separate children are often caught in the middle and can be adversely affected. Mediation is the first step in working towards reaching solutions. Mediators help parents to discuss the child arrangements amicably with a view to reaching mutual solutions. These are then set out in an agreement such as a parenting agreement. Mediation is a highly successful service and is recommended by the court as the most effective method of resolving disputes.
There are many benefits such as the cost of mediation is a fraction of the cost of using solicitors or going to court. Mediation is fast, effective and less stressful then using solicitors or attending court. We will discuss the options with you both at Family Mediation and will often be able to offer a fixed fee so that we can assist you both in not only reaching agreement but preparing all the paperwork in the most cost effective way possible.
The options are:
1) A Parenting Agreement being prepared on agreement at Family Mediation. Ask us what the cost is and more information about this.
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Formalising your Agreement at Family Mediation.
2) By applying for a Child Arrangements Order on the basis you both agree.
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By making an application to court on Form C100 and asking the court to approve the prepared draft Agreement, which will then be made into a Child Arrangements Order. We are able to assist you with this. Ask us for an idea of the cost of formalising your agreement.
If there is no Agreement then a full application to court will need to be made for a Judges decision.
The Court Application and process is as follows:
1. The Applicant is on Form C100.
2. CAFCASS Safeguarding Report – The Children and Family Court Advisory Service (CAFCASS) will prepare a safeguarding report about the background to the case, for both parents and the Judge. This report is submitted to Court, prior to further discussion between the legal representatives and the Judge.
3. First Hearing - This is the first court hearing and where the Judge reads the CAFCASS Report and will hear the preliminary issues that exist between the parties. The Judge will consider what further evidence is needed to resolve those issues and will set deadlines for the parties to submit necessary evidence. This can include the parties’ submitting Statements, further Reports by CAFCASS /Social Services, and third-party Witness Statements if necessary. No Order can be made at court without agreement between the parties.
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4. Dispute Resolution Hearing – This is the second hearing and is designed to narrow the issues between the parties. The Judge, the parties and their legal advisers will consider the evidence that was directed by the judge and try to find a way to resolve the issues. The Judge can, at this Hearing only, give an indication as what could possibly be ordered at a Final Hearing if the parties are unable to come to an agreement. If there is no resolution then the Judge can order further directions, which will include the listing of the third Final Hearing.
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5. Final Hearing – The Judge will hear oral evidence from the parties, any witnesses and read any such Statements and Reports in support of their case. A Final Order is made by the Judge and legally binding on the parties.
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Contact us for more information, We will advise and support you.
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Urgent Applications To The Family Court.
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A Child Application can be issued at the Family Court straight away if your matter is considered urgent. Contact us first and we will give you some guidance / advice and support and can assist with the preparation of your application to the family court. Please also see our costs page for an ideal of our cost for urgent applications to court.
Reasons to apply on an urgent basis:
The other parent has left and not provided their address.
Or has threatened to move out of the UK with the child/Children.
Or if you have concerns about your child/children’s safety and there is a risk of harm. This may be due to the other party drinking to excess, leaving the child alone or if there is a risk of, domestic abuse.
Contact us for a Free Consultation and we will explain how we can help you.
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If you have an urgent reason to make an application to the family court contact us.
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We will assess your reasons for applying, then prepare your application to the family court. We will then send this to you for your approval before you submit the application to the family court. We will then explain the process, potential outcomes and assist with any next stages of the process.
Another area of concern is Parental Alienation.
When parents separate, the way that a child experiences the breakdown will vary from individual to individual. Their feelings may be shown is different ways such as anger, withdrawal, truancy and emotional outbursts. Research is shows that a child’s reactions and feelings are often influenced by the adult behaviour to which they are exposed.
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Unfortunately some separating parents are unable to contain their hostility towards the other parent for whatever reason and this can impair their ability to co-parent responsibly. Harmful conflict can arise when parents are unable to put the needs of their child first. At the most extreme and intense end of the parenting spectrum, these parents may, as a consequence of their negative feelings, abuse their parental responsibility. They may misuse their parental position in a way that can cause grave emotional harm to their child, including alienating the other parent from the child’s life.
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Parental alienation, a form of psychological abuse against both the child and the rejected parent, is a concept; which is becoming more recognised and understood in the Family Courts. There is no single definition but it is now recognised by Cafcass (court appointed social workers) as arising ‘when a child’s hostility towards one parent is not justified and is the result of psychological manipulation by the other parent’. Typically it results in a parent being rejected by their child for no justifiable reason, having previously had a loving relationship. It is an extremely harmful behaviour that can have a life long impact on a family.
There is now specific guidance available to Cafcass officers who are responsible for reporting to the court on suspected parental alienation cases within family proceedings, called the Child Impact Assessment Framework (CIAF).
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The parent negatively influencing a child can sometimes know that they are deliberately seeking to alienate a child. An alienating parent with insight into the effect of their behaviour can act in certain ways to oust the other parent, often in an obsessive way. Other cases are more complex and, whilst the alienating parent may feel genuinely concerned for their child when in the care of the other parent, their concerns can be unfounded and experienced for reasons such as an undiagnosed personality disorder; which affects their judgment.
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Anecdotally, it is believed that restoring a direct relationship, often with the help of specialist support, as soon as possible can be one of the best ways to ensure a child can rebuild and maintain their relationships with both parents. As a last resort, the court is also able to ‘switch residence’ from one parent to another.
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Notwithstanding the above, it is important to distinguish between parental alienation and other reasons why a child may say that they do not wish to spend time with a parent.
These can include:
• post-separation rejection – a common and often temporary reaction to the changing family situation;
• justified rejection – for example where the child has been harmed by a parent or is frightened of them because of domestic abuse or other harmful parenting, such as neglect or substance misuse;
• attachment – age and gender specific reactions to resist time with the other parent including separation anxiety;
• affinity/alignment – where a child prefers spending time with one parent over the other. This can develop before/during/after separation;
• harmful conflict – where the parents actively disagree with each other and are unable to put the needs of the child first. This varies in intensity/impact.
The CIAF examines the underlying cause(s) for any rejection and identifies any risk to a child, including emotional harm, as a first step. The reasons for parental rejection by a child are often complex and require specialist help to identify and investigate before they can start to be resolved.
The new Cafcass guidance is a positive step to equip those responsible for making decisions about a child’s welfare with the right tools to unearth the reality of family dynamics. It is hoped this will enable a more robust investigation and the means to safeguard a child’s emotional wellbeing from the outset.”
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Contact us by using the contact form for more information or telephone us.