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The Court has a non-interventionist approach which means that unless there is good reason, it would prefer that no order be made and that contact and residence arrangements be agreed between the parties concerned. Of course, in family and relationship disputes this is not always possible and that is why the Court has the power to make an Order where it is evident the parties could not co-operate with each other.
The Court will always wish to see evidence that the parties have tried to resolve the problem between them before resorting to Court intervention. All parties wishing to commence any legal proceedings in family matters must be informed about and attend for mediation unless there is an exception. It is for this reason Children Act proceedings would normally start with an exchange of correspondence between Solicitors trying to resolve the issues before proceedings are issued. The reason for this is that it is naturally in the children's best interests that the parties are not squabbling amongst themselves as Court proceedings only highlight any divisions that already exist.
Mediation provides parents with a dispute the opportunity to discuss their concerns in a controlled environment with a third party listening and helping to structure their discussions. We would always suggest that before any Court proceedings are issued the parties consider a referral to mediation so that they can discuss the issues which affect the children face to face. Whilst this is preferable, many couples, especially where there has been domestic violence, do not wish to attend a mediation appointment and these considerations will be taken into account.
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Children
The Children Act 1989 which came into force on 14 October 1991 (as amended by the Children and Families Act 2014 on 22 April 2014), provides a clear code for most areas of child law, introducing the concept of parental responsibility and codifying private and public child law.
According to the Child Act 1989 the child's welfare shall be the Court's paramount consideration.
A child is defined as anyone under the age of 18, but the Court's power to make any private Orders, such as to residence or contact, is restricted to children under the age of 16 unless there are exceptional circumstances.
When the Court makes a decision whether or not to make any order under the Children Act, it will have regard to the "Welfare Checklist" which states:
The ascertainable wishes and feelings of the child concerned in the light of his age and understanding.
The physical, emotional and educational needs of the child.
The likely effect on him of any change in circumstances.
His age, sex, background and any characteristics of which the Court considers relevant.
Any harm which he has suffered or is at risk of suffering.
The capability of the potential carer.
The areas of children that we cover
Private Law
Where there is dispute with regards to where a child shall reside or how often they should see the other parent or another family member (such as a grandparent), either party should first of all consider whether a referral to mediation might assist and resolve the difficulties.
Read MorePublic Law
Legal support for matters involving child protection, care proceedings, safeguarding concerns, and disputes where local authorities or courts are involved.
Read MoreParental Responsibility
Advice and legal support on the rights, duties, and responsibilities parents have in making important decisions about a child’s upbringing, welfare, and care.
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