Children Proceedings

How the court thinks about children

In decisions about children, the court's main concern is the child's welfare. It considers what is best for the child, not what either parent would prefer. Orders about who a child lives with and how they spend time with each parent are known as child arrangements orders.

The usual route

• Mediation information. Before applying, people are usually expected to attend a mediation information and assessment meeting, though there are exceptions, including where there are concerns about domestic abuse.
• Application. If agreement cannot be reached, an application is made to the court.
• Cafcass. The Children and Family Court Advisory and Support Service usually carries out checks and may speak to the people involved.
• First hearing. The court looks at what is agreed, what is disputed and what happens next.
• Further hearings. If matters are still disputed, the court may hold a fact-finding hearing and a final hearing.

How we assist you

• Explain child arrangements orders and how decisions are made
• Help you understand what Cafcass does and what to expect
• Help you organise your account and documents clearly
• Explain what to expect at each hearing
• Refer you to a panel solicitor who does legal aid work