Any issues and disputes of a non financial nature concerning children are classed as private law proceedings. Wherever possible, we encourage people to resolve their disputes outside of the Courts. This is considered to be best for the children.

Trained independent mediators can assist parties to resolve their disputes in a non confrontational manner outside of the Courts.

If issues cannot be resolved without the Court, applications can be made for a number of Court Orders including with whom the child should live; when a child should see another person; whether someone should be prevented from taking certain steps in relation to a child; and any issues relating to major decisions in a child’s life.

If Court proceedings are necessary, an application is filed at Court. One to two months later there is a short Court appointment normally with an in Court mediator. Any agreement then concludes the matter; no agreement leads to a CAFCASS Officer Report. CAFCASS Officers are skilled in children matters and represent the eyes and the ears of the Judge. They interview all relevant parties and prepare a report based on their findings normally taking three to four months. After the Report, all parties attend Court to consider it and see if an agreement can be reached. If there is no agreement the matter is listed for determination by a Judge.

The Judge will look at all relevant facts including the wishes and feelings of the children.