Additional helpful guidance can be found form (CB1), which can be downloaded here

Going to court can be difficult for all of the family, especially for your child/ren.

Please see attached information from Cafcass and the Family Justice Young People’s Board via the following video and link regarding what can be expected for children in the Family Court. An additional video produced by Cafcass ‘My parents live apart and can’t agree arrangements for me’ is also informative.

The most common type of order applied for is a Child Arrangements Order under section 8 of the Children Act 1989. This sets out where the children live and how they spend time with each of their parents.  Grandparents and other family members can also apply for a Child Arrangements Order, but they will usually need the court’s permission to make an application.  A Child Arrangements Order was until recently referred to as “residence” and/or “contact” orders.

The procedure to be followed in such cases, which are those cases involving applications, is called the Child Arrangements Programme.  Click here for a helpful flowchart of the relevant parts of the procedure. To view a full version of the programme (often referred to as the “CAP”) click here.

When the Family Court is deciding what orders to make in relation to the children, it will always have the welfare of the children as its top priority. You may hear people referring to the “welfare checklist”.  This is a list of factors which are set out in section 1 of the Children Act 1989 which the court always thinks about when making arrangements for children:

(1) When a court determines any question with respect to—

(a) the upbringing of a child; or

(b) the administration of a child’s property or the application of any income arising from it, the child’s welfare shall be the court’s paramount consideration.

(2) In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.

(3) In the circumstances mentioned in subsection (4), a court shall have regard in particular to—

(a) the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);

(b) his physical, emotional and educational needs;

(c) the likely effect on him of any change in his circumstances;

(d) his age, sex, background and any characteristics of his which the court considers relevant;

(e) any harm which he has suffered or is at risk of suffering;

(f) how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;

(g) the range of powers available to the court under this Act in the proceedings in question.

(4) The circumstances are that—

(a) the court is considering whether to make, vary or discharge a section 8 order, and the making, variation or discharge of the order is opposed by any party to the proceedings; or

(b) the court is considering whether to make, vary or discharge [F1a special guardianship order or] an order under Part IV.

(5) Where a court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all.

If an application is made to the Family Court in relation to your child, you are likely to be contacted by Cafcass.  Further information can be found on the Cafcass website.

If your case involves domestic violence (see the Domestic Abuse pages, above), the Family Court will need to decide how to address that issue to ensure that the children’s best interests are met.  You may find it helpful to read the relevant procedural guidelines which the court will take into account, which can be downloaded here.