THE FAMILY MEDIATION ROOMS

Child Arrangements

 

When parents separate children are often caught in the middle and can be adversely affected. Mediation is the first step in working towards reaching solutions. Mediators help parents to discuss the child arrangements amicably with a view to reaching mutual solutions. These are then set out in an agreement such as a parenting agreement. Mediation is a highly successful service and is recommended by the court as the most effective method of resolving disputes.
 

There are many benefits such as the cost of mediation is a fraction of the cost of using solicitors or going to court. Mediation is fast, effective and less stressful then using solicitors or attending court. We will discuss the options with you both at Family Mediation and will often be able to offer a fixed fee so that we can assist you both in not only reaching agreement but preparing all the paperwork in the most cost effective way possible. 
 

The options are:

1) A Parenting Agreement being prepared on agreement at Family Mediation. Ask us what the cost is and more information about this. 

​

2) Formalising your Agreement at Family Mediation.

By applying for a Child Arrangements Order on the basis you both agree. 

​

By making an application to court on Form C100 and asking the court to approve the prepared draft Agreement, which will then be made into a Child Arrangements Order. We are able to assist you with this. Ask us for an idea of the cost of formalising your agreement. 
 

If there is no Agreement then a full application to court will need to be made for a Judges decision. 

The Court Application and process is as follows:
 

1. The Applicant is on Form C100.

 

2. CAFCASS Safeguarding Report – The Children and Family Court Advisory Service (CAFCASS) will prepare a safeguarding report about the background to the case, for both parents and the Judge. This report is submitted to Court, prior to further discussion between the legal representatives and the Judge.
 

3. First Hearing - This is the first court hearing and where the Judge reads the CAFCASS Report and will hear the preliminary issues that exist between the parties. The Judge will consider what further evidence is needed to resolve those issues and will set deadlines for the parties to submit necessary evidence. This can include the parties’ submitting Statements, further Reports by CAFCASS /Social Services, and third-party Witness Statements if necessary. No Order can be made at court without agreement between the parties.

​

4. Dispute Resolution Hearing – This is the second hearing and is designed to narrow the issues between the parties. The Judge, the parties and their legal advisers will consider the evidence that was directed by the judge and try to find a way to resolve the issues. The Judge can, at this Hearing only, give an indication as what could possibly be ordered at a Final Hearing if the parties are unable to come to an agreement. If there is no resolution then the Judge can order further directions, which will include the listing of the third Final Hearing.

​

5. Final Hearing – The Judge will hear oral evidence from the parties, any witnesses and read any such Statements and Reports in support of their case. A Final Order is made by the Judge and legally binding on the parties.

​

Contact us for more information, We will advise and support you. 

​

​