Disputes Involving Children

The Law provides that married parents both have parental responsibility for a child and will share decision-making. If you are unsure as to whether you have parental responsibility, please contact us on 01928 736672 or complete our questionnaire and we will call you to discuss it further.

The Court encourages parents to resolve any differences regarding their children themselves, rather than imposing Orders upon them. This principle means that, in most cases, a Court will not make any Order in relation to children, anticipating that, as responsible parents, you will reach agreement as to what is best for your children. The central principle of the Children Act is that the welfare of the child is paramount. The Court will only make an Order if it considers it would be better for the child than making no Order.

When parents cannot agree on what is best for their children, the court can be asked to make the following orders:-

1. Residence Order – this determines the parent with whom the child will live.

2. Contact Order – this determines what contact a child will have with the parent with whom the child is not living. Contact Orders can be made in favour of other family members too, such as grandparents.

3. Prohibited Steps Order – this is an Order preventing certain things happening to the child, for example, an Order preventing the child from being taken abroad.

4. Specific Issue Order – the Court will decide important issues regarding a child’s upbringing - his education, religion or change of surname.
There is a set procedure when one parent makes one of these applications about the future of their children. There will be a Preliminary Hearing before the Court and, if agreement cannot be reached at that time, the Judge will make directions requiring each party to file statements detailing their side of the case. This may involve referral to CAFCASS for investigation and the preparation of a report by a Child and Family Reporter.

If, after further investigation, an agreement cannot be reached, a Court will then consider all the evidence together with the report and make a decision after a Full Hearing.

Special rules apply to people other than parents who wish to apply for an Order relating to children.

If you would like any further information on any of the above matters, please contact us on 01928 736672 or complete our questionnaire and we will call you to discuss it further.