If you are in a dispute with the other parent about arrangements for your children, then you should first look at whether this can be resolved through mediation, or other out-of-Court processes.  However, if these are not successful, or if there are issues of safety involved making these remedies inappropriate (i.e. the other parent has perpetrated abuse towards you or the children), then you should consider applying to the Court for a Child Arrangements Order.

A Child Arrangements Order can define who children live with and who they spend time with.

Other Court Orders can be made which effect someone’s parent responsibility, for example, Specific Issue Orders directing someone to do something like return a child to another parent’s care or for a child’s surname to be changed or to allow a child to move schools where agreement cannot be reached between parents  Also, Prohibited Steps Orders which can be made to prevent someone doing something, which they would normally be able to do through exercising their parental responsibility, for example, preventing someone taking a child out of the country.

It can be a complicated legal process, and our expert Family Solicitors will guide you through this.

The first stage is to make an application to Court, and we will have a discussion about whether the matter is urgent or not.

In West Yorkshire courts, if the matter is not urgent then the case will be allocated using the new Pathfinder model, where a Child Impact Report is directed to be completed within 12 weeks.  This will be an in-depth report carried out by a CAFCASS Officer (CAFCASS are the Children & Family Court Advisory and Support Service and they represent the interests of the child/children in each case and provide advice to the family courts) or by a social worker (if Children’s Social Care are involved with your family). After those 12 weeks the case will be looked at again by the Judge.

Outside of West Yorkshire, the case will be listed for a First Hearing Dispute Resolution Appointment (FHDRA) where the Court will consider a safeguarding letter from CAFCASS which includes information from the police and your Local Authority and look at how to timetable the case going forwards.

In all Child Arrangements cases, the Court has as its paramount consideration the welfare of the child, and has a list of factors that it must consider when making decisions in that child’s welfare interests, this is called the “welfare checklist”.

The welfare checklist factors are as follows:-

  1. The ascertainable wishes and feelings of the child concerned in light of their age and understanding.
  2. The child’s physical, emotional and educational needs.
  3. The likely effect on the child of any change in circumstances.
  4. The child’s age, sex, background and any characteristics which the Court considers relevant.
  5. Any harm which the child has suffered or is at risk of suffering.
  6. How capable each of the child’s parents are, and any other person in relation to whom the Court considers the question to be relevant are, of meeting the child’s needs.
  7. The range of powers available to the Court.

Sometimes these cases involve allegations of domestic abuse or parental alienation.

Allegations of domestic abuse and parental alienation are complicated matters, and there is a lot of recent Case Law and guidance from the High Court as to how these allegations should be dealt with.  It is really important that you speak with one of our expert Family Lawyers about these cases and we can advise you on the best way forward for you and your children.

Call our family solicitors on 0113 284 5000 or email family@isonharrison.co.uk.