Often people disagree about the arrangements for a child or children in their care. The purpose of this page is to explain what kind of Orders the Courts can make in relation to children and the principles the Court use to resolve any disagreements. This web page does not relate to cases involving children matters with Social Services.

The law relating to children is in the Children Act 1989. This firm also follows a code of practice recommended by the Solicitors Family Law Association.

The kind of orders a court can make
The Children Act abolished the Court Orders of “custody” and “access” and introduced the following types of Orders. A Court can make one or more of the following Orders at any stage in Court proceedings. The Orders can be final or temporary or sometimes they can be made in an emergency without giving notice to the other side. They are:

Residence Order
This is an Order that says who a child or children should live with.

Contact Order
This is an Order that says who a child or children are allowed to see or to receive letters or telephone calls from.

Prohibited Steps Order
This is an Order which prevents a child’s parents or any other named person from doing a particular thing for example, taking a child abroad without first obtaining the consent of the Court.

Specific Issue Order
This is an Order that sets out precisely how a particular question about a child or children should be handled, for example what school a child should attend.

Parental responsibility
The Children Act also introduced the concept of “Parental Responsibility”. The legal definition of this is: “All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to a child and his property”.

In practice, it includes the right to decide where a child should go to school, what form of religious upbringing the child should have and what medical treatment the child should receive. Often it means, that schools, doctors, hospitals, Social Services, and other organisations may not deal directly with someone who does not have parental responsibility for a child or children in their care.

A child’s mother automatically has parental responsibility. A child’s father only has parental responsibility for that child if he was married to the child’s mother at the date of birth, or has since married the child’s mother.

It is possible for a father to obtain parental responsibility either by agreement with the child’s mother or by Court Order. In order to obtain parental responsibility by agreement, it is necessary to complete a form that has to be signed by the child’s mother and father in the presence of independent witnesses and that form then has to be lodged at Court. If no agreement can be reached, it is possible to apply for a Parental Responsibility Order from the Court.

Principles the court will follow
When the Court looks at any question about the upbringing of a child or children the Court says that the child’s welfare shall be the paramount consideration. The Court will consider what is best for the child or children. In deciding whether an Order should be made, the Court pays particular attention to the following factors:

The wishes and feelings of the child concerned (considered in the light of the child’s age and understanding)
The child’s physical, emotional and educational needs
The likely affect on the child of any change in his/her circumstances
The child’s age, sex, background and any other characteristics which the Court considers relevant
Any harm which the child has suffered or is at risk of suffering
How capable each of the child’s parents, and any other person in relation to whom the Court considers the question to be relevant, is of meeting the child’s needs
The range of powers available to the Court under the Children Act in the proceedings in question.
“No Order” - A Court will only make an Order if it is in the best interests of the child and making an Order is better than making no Order at all.

What happens at court?
At any first hearing the Court will see if an agreement can be reached. If no agreement can be reached, the Court will give directions as to how the case should proceed. The Court will normally order that a Court Welfare Officer must prepare a report on the case. The Court Welfare Officer is an independent person who will investigate the case and will normally make a recommendation to the Court as to what Orders should be made. You will normally have a meeting with a Court Welfare Officer at the first Court Appointment to see if agreement can be reached.

If no agreement can be reached after the Court Welfare Officer has prepared his or her report the Court will normally direct that each party prepare a statement setting out their views before a Final hearing.

Does it have to go to court?
Often agreement can be reached by negotiation. Mediation can also help. Mediation can be less stressful and cheaper than Court procedures. We will discuss mediation with you and refer you for an appointment if suitable.

Harthills aims
Harthills will always try to apply to the above principles. We aim to promote co-operation between parties and encourage Parents to remain child focused. we encourage and support negotiation and use of mediation

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