Application Issued
Application issued and directions made by the gate keeping judge for the case to be listed for a First Hearing Dispute Resolution Appointment and for CAFCASS to prepare a safeguarding letter.
In an ideal world as parents you should be able to sit down and discuss your children but sadly, that is not always possible.
As a family law solicitor I will advise you as to the likely outcome if your case was to be considered by a Judge and will do all I can to achieve a result which will work for you as a family.
The welfare of the children is the court’s paramount consideration. The court considers the Welfare Checklist and this is as set out below:
- the ascertainable wishes and feelings of the child
- any physical, emotional and educational needs
- the likely effect of any change of circumstances
- age, sex, background and any relevant characteristics
- any harm suffered or at risk of suffering
- how capable each parent is (or any other relevant person) of meeting the child’s needs
- the range of powers of the court
If agreement cannot be reached and an application to court is the only way forward then unless certain exceptions apply there should be a referral to a mediator.
Mediation
At mediation you will initially meet the mediator and explain the issues and if the mediator feels it is appropriate they will discuss matters with the other party and arrange a joint meeting ; solicitors are not usually present but I will be there in the background to give you advice along the way. If you feel uncomfortable with a joint meeting then shuttle mediation can be arranged.
If mediation is not successful then an application to court can be made. Residence/contact /custody orders have been replaced by what we call Child Arrangements orders. The flow chart below sets out the steps involved.
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