Family court and children arrangements: what happens?
For a variety of reasons, you may need to go to family court. In this article, we’ll look in detail at what you can expect. Let’s find out more.
In a previous article, which you can read here, we looked at family law. Family law is the set of laws and pieces of legislation that govern issues around family relationships. It touches on matters including pre-nuptial agreements, civil partnerships and domestic violence. However, family law deals mainly with divorce and the arrangements for children.
Family court is where family law cases are heard and decided upon. In this article, we’re going to look in more detail at family court and specifically court proceedings relating to child arrangements following a divorce or separation. We’ll look at why you may be there, what you can expect and the processes you may go through.
What is family court?
Family court is a specialist court hearing only cases on matters relating to family law. Compared to criminal courts, family courts are informal and low-key. Barristers do not wear traditional gowns and wigs, while the courtroom could resemble a company meeting room more than a courtroom.
There are many reasons why you may have to attend family court. Most of them will relate to divorce and the associated finances or the arrangements for children after divorce, including:
Where a child will live after divorce
Contact rights for parents
Which is what the rest of this article will concentrate on.
It is important to note that family court does not usually rule on child maintenance issues. Only the Child Maintenance Service (CMS) has the power to create orders for child maintenance except in very specific circumstances.
The family court process for children arrangements
The first part of the family court process is the First Hearing Dispute Resolution Appointment, or FHDRA. At this hearing, the goal is to ascertain if both parties can come to a resolution without having to take matters any further. If both parties can agree, the hearing may result in one of these outcomes:
Child Arrangement Order – an order for a child to live with one party, or spend a specified amount of time with a party
Prohibited Steps Order – an order to prevent one party from acting in a certain way, relating to their parenting
Specific Issue Order – an order resolving a particular dispute not covered by the other two orders
Hopefully, the FHDRA can be the end of the matter. The family court will create a binding, enforceable, final order.
However, if both parties cannot agree on a resolution, the court must meet again to go deeper into the dispute. The Court will let both sides know what further information is needed for it to make a ruling.
The next hearing is called the Dispute Resolution Appointment (DRA), where both sides present all the evidence the Court has asked for. Again, the goal is to reach an agreement, without the court needing to make a judgement.
If the two parties still cannot agree, we go to a Final Hearing. At the Final Hearing, a judge will draw upon all the available evidence and make a decision, based on family law. This decision will be legally binding.
Communication is key
It’s very likely, in the Final Hearing situation, that one party will not be happy with the ruling. It’s for this reason that both sides are encouraged to look for areas of agreement earlier on in the process.
Ideally, both sides will be able to reach a settlement before embarking on a long, costly, acrimonious family court process. We urge people who are separating to maintain lines of communication. As well as saving time and money, it makes life less stressful, for yourself and your children. If you aren’t able to communicate with your partner then speak to a solicitor at Couchman Hanson, we can find a way to help you reach an agreement, ideally without going to court.
Find out more from Couchman Hanson
At Couchman Hanson, our solicitors genuinely care about getting the best outcome for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits with our values of integrity, honesty and authenticity.
Call 01428 722189 or email enquiries@couchmanhanson.co.uk