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Adam Bernard Family Law and Child Contact FAQ’s:
It is not always possible to reach an agreement about contact with the children or with what parent they should live with. If these decisions are not reached you can apply to the court for an order.
Before you do this, you are required to attend a meeting with a mediator to see whether mediation might be suitable instead of going to court.
The requirement applies unless there are certain exceptions such as issues relating to the safety of the child or domestic violence.
The other party to the proceedings will be encouraged to attend mediation.
An application is made on a court form which sets out the details of all children and adults in the case. The application will then require you to say what orders you are asking the court to make and why.
This unfortunately may not always be the case, court hearings can be lengthy and the court will consider a range of factors before determining what is best for the child. The court will always have the child’s best interest in mind. This however does not mean that there will be a long gap in seeing your child, the court could direct other ways of contact such as phone calls video calls then proceeding on to face 2 face contact but in smaller steps.
When the court receives your Application, they will set a time and place for you and the other person involved to have a first court appointment hearing (FHDRA)
The FHDRA is when the court investigates the issues and attempt to settle, if the parties are unable to come to an agreement, the court will identify the outstanding issues and concerns and give directions on how the case should proceed.
An example of orders would be the court could order CAFCASS to prepare a report to assist the judge at the hearings, there could be an order for the parties to prepare witness statements of the evidence.
Children and family court advisory support services (CAFCASS) Are assigned when two parents are in a dispute over child arrangement and have proceeded the matter to court.
Cafcass’ role is to look out for the best interest of the child within family proceedings. Cafcass officers undertake a variety of matters such as background checks on both parents, or any other members important to the case, telephone or in person interviews . the court usually directs Cafcass to prepare a safeguarding letter in preparation for the first hearing. Further down the proceedings the court can order Cafcass to undertake a detailed assessment in order to aid them with the final recommendation when making a decision.
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Why Adam Bernard Solicitors?
Our team of Family Solicitors has many years of experience of successfully handling matters related to Family disputes, Child Contact and Arrangement Orders.
Our experience has ensured that we have developed a sensitive approach to handling such cases that ensures your needs are at the forefront of our considerations and you feel supported throughout the whole process.
The successes of numerous clients that we have ensured achieve the results they desire, evidenced through our client testimonies, shows our ability in navigating this area of law.
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