A Brief Guide.

Divorce Procedure.

This advice sheet aims to provide a brief but not exhaustive guide as to divorce procedure to help you understand the process that you will be involved with.

Divorce is a legal process, which is carried out by the Civil Courts. The procedure begins with a Divorce Petition and ends with a Decree Absolute, which dissolves the marriage. It is very difficult at the outset of a case to judge the timescale it would take to complete the case from Petition to Decree Absolute. Very often separate but related issues arising from the divorce will need to be resolved before obtaining the Decree Absolute. Practical arrangements for the care of children will have to be sufficiently resolved to satisfy the Court, and it is very often the case that future financial arrangements between yourself and your former spouse should be settled prior to obtaining the Decree Absolute.

A Divorce Petition cannot be issued unless the couple have been married for more than one year. Although it does not matter where you were married, it does matter where you and/or your spouse are living at the time the Petition is issued (see Divorce, Separation and the Children Information Sheet). These aspects are known as domicile and residence and very often if there are questions in relation to this it can cause difficulties. Equally, if divorce proceedings or the equivalent have been issued already by one of the parties in another country it may well be that those proceedings will prevent issue of a Divorce Petition in this country. However, these matters are complex and specific advice would be given about these points.

The person initiating the divorce is known as the Petitioner and the spouse (husband/wife) will be the Respondent. If the Petition is based on adultery and the Petitioner insists on naming the other party (now unnecessary) they are known as the Co-Respondent.

Starting the proceedings
To commence proceedings in Court the Court will require the following:-

 The fee – currently £300.00 (fees change regularly this is the current fee as at May 2008).
 Original Marriage Certificate or a copy prepared by the Church/Registry Office where the marriage took place, or the Central Records Office.
 An original signed Divorce Petition (plus copies).
 A signed Statement of Arrangements for any children under 16, or between 16 and 18 who are undergoing education. (One may also volunteer a Statement of Arrangements for any child under 21 who is undergoing education, for the Court’s information. However, the costs of preparation will not be included in an Order for the parties to pay costs.) Ideally it is desirable that both parents can agree the arrangements for the children and for both parties to sign the Statement of Arrangements prior to issue of the Divorce Petition. The Statement of Arrangements is sent with copies to the Court.
 If we are representing you as the Petitioner we will submit to the Court a letter confirming whether or not you have been advised in relation to reconciliation.
If previous Orders have been made regarding children or the parties then copies of these Orders ideally will also have to be produced
 

Ancillary Relief

Preparing and dealing with the Court procedures

Since June 2000 all County Courts use a standard procedure for dealing with the financial side of divorce proceedings (Ancillary Relief). As well as standardisation of procedures in Court there is a protocol (standard set of guidelines) for solicitors conducting Ancillary Relief proceedings to comply with where appropriate prior to making any application to Court.

Pre-Application Protocol
The protocol is essentially guidance for solicitors dealing with all types of claims of Ancillary Relief to cover all classes ranging from simple applications to the most complex. It is the case that although within the protocol you will see it is a recommendation to deal with pre-application disclosure and negotiations where such actions are not to bearing fruit then solicitors should never lose sight of the advantage of having a Court timetable and a Court managed process.

Solicitors do however have to bear in mind the objective of controlling the costs and the effect that applications to Court can have (delay, distress etc.)

Correspondence
Any first letter and subsequent correspondence written by solicitors on behalf of their clients must focus on the clarification of claims and identification of issues and their resolutions. Protracted and unnecessary correspondence and “trial by correspondence” must be avoided. The impact of any correspondence upon the reader and in particular the parties must always be considered. Correspondence which raises irrelevant issues or which might cause the other party to adopt an entrenched, polarised or hostile position is to be discouraged.

Identifying the issues
The parties must seek to clarify their claims and identify the issues between them as soon as possible. In order for that to be achieved both parties have a duty to provide full, frank and clear disclosure of facts, information and documents which are material and sufficiently accurate to enable proper negotiations to take place. Openness in all dealings is essential.

Valuations
Expert valuation evidence is only necessary where the parties cannot agree or do not know the value of a significant asset(s). The cost of any valuation must be proportionate to the sums in dispute.

Where possible valuations of properties, company interests etc should be obtained from a single valuer instructed by both parties. To that end one party wishing to instruct an expert should give the other party a lift of the names of one or more experts in that particular field whom they consider are suitable to instruct and within 14 days the other party should either indicate an objection or approval of one or more of the named experts.

Where an agreed expert is to be used by both parties then there should be a joint letter of instruction. The expert if jointly instructed will have it made clear to them that in due course they may be reporting to the Court and as such they are expert witnesses to the Court not specific experts for an individual party.

Overriding Objective
The overriding objective is that the parties should ensure that all claims if possible should be resolved to achieve a just outcome as speedily as possible without unreasonably incurred costs. The needs of any children should be addressed and safeguarded. The procedure chosen by the parties should be conducted with minimum distress and in a manner designed to promote as good a continuing relationship between the parties and the children as is possible in the circumstances.

The principle of proportionality must be borne in mind at all times.

Court Proceedings
No party can initiate a process to lead ultimately to an Ancillary Relief Order without divorce proceedings having been issued. The parties of course can reach agreement which can subsequently be put into a Court Order (subject to the Court’s approval) but it must always be borne in mind that a Judge cannot make a Final Order dealing with capital, transfers of property, periodical payments, pension orders until the Decree Nisi has been pronounced. Furthermore, unless agreed between the parties any Order dealing with provision of lump sum payment, capital, land trust assets and pensions cannot be implemented until a Decree Absolute has been pronounced.

The Application
An Application for Ancillary Relief can be issued by either party to divorce proceedings by completing a specific form. There is a relevant Court fee to be paid (currently £210.00) and the Court will issue the application together with standard directions which will deal with the filing and exchange of Forms E, the filing by the parties of chronologies, statements of issues, questionnaires and costs information.

It is usual for the Court to serve this document. If applications are being made for the Court to consider pension sharing orders or transfers of property subject to mortgages then, the pension companies and mortgagees will need to be served with a copy of the application as soon as practicable before any final orders can be made.

Disclosure – Form E
A Form E is a statement giving a detailed summary of your finances also copies of specific documents will have to be attached to the Form E. These documents are:-

a) your last three payslips
b) your last P60
c) the most recent mortgage statement
d) the last 12 months statements for every bank account in which you have an interest
e) the surrender valuation for any endowment/insurance policy
f) if you are a partner or sole trader the last 2 years accounts for the partnership and/or business
g) all pension valuation documentation (considerable detail is required by pension companies have to provide this information if requested early
h) any other documents necessary to clarify any asserted values.

There is also a narrative section at the back of the form allowing the parties to set down their future capital and income needs, the matters that they feel are relevant and need to be taken into account (essentially Section 25 factors – see information sheet matters to be considered) and what if anything has been agreed between parties and what you are seeking.

This document must be sworn as an Affidavit and the contents therefore should be true. Incorrect deliberate misinformation could be construed as perjury. One copy of the Form E will be filed at Court with enclosures and one copy will be exchanged with the other party.

Both parties then have an opportunity to consider what additional information or documents they require from the other party and will prepare a questionnaire and a schedule of the required documents. By this stage it is hoped that it becomes clear as to what the actual issues in the case are, and the parties are obliged to file their own questionnaires, chronology, costs estimates etc 14 days before the First Appointment.

Failure to give full disclosure or giving misleading disclosure can lead to cost penalties and in some cases criminal prosecution.

The First Appointment
The purpose of the First Appointment is to enable the Court to review the information between the parties and to consider the issues which are strictly relevant so far as the law is concerned to ensure that the parties do not waste costs. The District Judge may well take this opportunity to look at the statement of issues to attempt to narrow the issues further.

The Judge also considers which of the questions and documents requested in fact should be answered and produced. The District Judge will also consider if expert evidence is required (e.g. valuations, accountants’ reports etc.) at this time and make directions for these to be obtained. The District Judge may also consider at that stage other evidence that might be necessary e.g. Affidavits or statements from others. The Pension Company may also be represented in Court if it is raising any objections to the Court considering specific order against the pensions.

The Judge will then arrange for a further Court meeting known as a Financial Dispute Resolution (FDR). Occasionally, if the Judge feels that the matter would not be ready without further consideration for an FDR then a further Directions Appointment will be set. The District Judge may also, if appropriate, provide for there to be a hearing of interim matters such as interim maintenance. Exceptionally he may set the matter down straightaway for a Final Hearing rather than list as a FDR. The District Judge also has an opportunity to make a Costs Order at this stage if he feels one party particularly has not dealt with their obligations properly.

Between the First Appointment and Financial Dispute Resolution Appointment
Before the FDR Appointment not only will the directions made by the Judge at the First Appointment have to be complied with, there is a duty upon the parties to attempt to begin the negotiation process by way of settlement proposals and counter proposals (if not already started) before the FDR.

The Financial Dispute Resolution Appointment
The objective of an FDR is to attempt to reach a mutually acceptable agreement to settle the case. It can often be the case that parties reach agreement prior to this, however, an FDR appointment can be beneficial to a case if the appointment itself is conducted by a District Judge and on this occasion a District Judge will have seen copies of any proposals that have been made to settle the dispute. The District Judge should where possible give their views upon any arguments that the parties wish to pursue and their view of the merits of them together with guidance as to their view of an appropriate settlement. The District Judge cannot make a binding order without the agreement of both parties at an FDR.

If settlement is not reached at an FDR and a Financial Order made, then the District Judge has the power to adjourn the FDR for another session, or give further directions for the case to be dealt with at a Final Hearing together with any additional directions e.g. further valuation, up-dating information, Affidavits etc if the Judge feels it will be necessary to enable the Court at trial to hear all the relevant evidence. If the FDR is not adjourned to another date then the Judge who has dealt with the FDR and seen all of the settlement offers and proposals will not be entitled to deal with the matter again.

The Final Hearing
It must always be borne in mind that the parties are always free to continue to negotiate even though the Court process is continuing. Indeed if settlement can be reached without a Court hearing, certainly a Final Trial, the costs are always considerably lower.

If agreement cannot be reached and the matter goes to trial then a full trial with all evidence that is disputed will have to be heard by a Judge. It is usual that an opening statement will be made by the Applicant’s lawyer (often at this stage a barrister) and they will set out their case and the parties and any other expert witnesses will give evidence and be subject to cross examination.

It is sometimes the case that the Courts decide to deal with jointly instructed experts first to again avoid unnecessary costs, it is usual for the Applicants to give evidence and any witnesses that they have and thereafter the Respondents to give their evidence.

Once both parties have concluded their cases there will be concluding summaries by each side and the Judge will then be expected to make a decision. It is not always the case that the Judge is able to immediately give a judgement and if that is the case then the Judge will indicate that judgement will be pronounced on a subsequent occasion (reserved judgement).

Once the judgement has been made each side are then entitled to address the Judge on the issue of costs. The start point is that each party bears its own costs. The Judge has very wide discretion as to what Costs Orders they feel appropriate to make, unlike many other forms of civil litigation the position is that there is never a clear winner or loser (irrespective of personal feelings).

One aspect that it important in relation to the question of costs is how reasonable the parties have been and whether or not proposals that have been put forward by either party should have been accepted by the other, so avoiding unnecessary further costs of legal representation at trial etc. If the Judge decides that costs have unnecessarily been wasted by a party unreasonably refusing to settle on a reasonable proposal then they are often penalised by being ordered to pay some or in extreme cases all of the other parties’ costs from a date the Judge decides.

Even if the parties settle and an Order is made, that is not the end of the matter with regards to lawyers involvement, as there are very often actions that need to be taken, documentation drafted (transfers etc) before the Order itself can be implemented. If a Decree Absolute has not been granted that will need to be made before the Order itself becomes.

This information sheet has been prepared to highlight some of the key issues relating to financial procedure in divorce. It is intended to be for general guidance only and it not a substitute for specific advice. It is based upon our understanding of the legal position as at May 2008 and may be affected by subsequent changes in the law.

Ancillary Relief

Financial Provision on or following Divorce

This information sheet provides an overview in relation to the Court’s duties, and obligations that they have when considering appropriate financial provision to be made for parties to a marriage to each other and for their children. These obligations arise in the main under the Matrimonial Causes Act 1973 and the subsequent amendments but also Civil Procedure Rules and Family Proceedings Rules, the Human Rights Act 1988 is also relevant to these proceedings. It is however, stressed at this stage that this guide is not a definitive explanation of the law. They are to assist parties who are involved in what is known as Ancillary Relief.

The current Ancillary Relief Rules came into force on the 5th June 2000 and it is fair to say brought about a dramatic change in how Ancillary Relief cases were dealt with.

The Rules set down a procedure or code, but the overall objective is to enable the Court to deal with cases justly.

The rules go on to further define dealing with a case justly as follows:-
 Ensuring that the parties are on equal footing
 Saving expense
 Dealing with the case in ways which are proportionate:-
 To the amount of money involved
 To the importance of the case
 To the complexity of the issues
 To the financial position of each party
 Ensuring that it is deal with expeditiously and fairly
 Allotting to it an appropriate share of the Court’s resources, whilst taking into account the need to allot resources to other cases

Further information states:-
 The parties are required to help the Court to further the overall objective
 The Courts are now obliged to actively manage cases. This includes but is not limited to:-
 Encouraging the parties to co-operate with each other in the conduct of the proceedings
 Encouraging the parties to settle their disputes through mediation, where appropriate
 Identifying the key issues at an early date
 Regulating the extent of disclosure of documents and expert evidence so that they are proportionate to the issues in question
 Helping the parties to settle the whole or part of the case
 Fixing timetables or otherwise controlling the progress of the case
 Making use of the technology available
 Giving direction to ensure that the trial of the case proceeds quickly and efficiently.

This means that if you instruct us to pursue points which are not relevant to the matters to be taken into account, by the Court, in specific cases the Court can and will penalise you in costs for wasting time and energy on irrelevant matters. Parties cannot go on “fishing expeditions” to discover what they can from every document that can be found. There are limits on trying to rely on alternative expert advice just because the chosen expert does not say what you want them to.

You cannot unilaterally decide to abandon or ignore any Direction Orders of the Court. When a party is ordered to provide information it must be supplied within the time limit set, costs consequences can again follow if these dates are not complied with.

There is a separate information sheet, which explains the actual procedure in Ancillary Relief going through the Courts. The scope of this document is to show you what matters the Court will take into account.

Section 25 & 25A of the Matrimonial Causes Act 1973

This section specifies the criteria, which must be taken into account for determination of financial provision between spouses and former spouses following or upon divorce.

These criteria will be applied by the Judge during the proceedings and are guidelines that over time have led to Judges considering these matters whose reported cases provide precedents which help us when advising you in relation to the specific circumstances of your case.

Section 25
1. The needs of any children of the family are the first consideration.
2. Thereafter the factors are as below (no factor has precedence over any other):-
a) The income, earning capacity, property and other financial resources which each of the parties to the marriage has, or is likely to have in the foreseeable future, including the case of any capacity, any increase in that capacity which it would in the opinion of the Court be reasonable to expect a party to the marriage to takes steps to acquire.
b) The financial needs, obligations and responsibilities which each of the parties to the marriage has, or is likely to have in the foreseeable future.
c) The standard of living enjoyed by the family prior to the breakdown of the marriage. (This can include periods of cohabitation before marriage).
d) The age of each party to the marriage and the duration of the marriage.
e) Any physical or mental disability of either of the parties to the marriage.
f) The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family.
g) The conduct or each of the parties if that conduct is such that it would in the opinion of the Court be inequitable to disregard it. (Only very serious misconduct usually of a financial nature will be relevant).
h) In the case of proceedings for divorce the value to each of the parties to the marriage of any benefit (for example, a pension), which be reason of the dissolution or annulment of the marriage that party will lose the chance of acquiring.

Section 25A
The Court also has a duty to consider whether it is appropriate to achieve a “clean break” between the parties either at the time of making the Order or as soon as is practical and fair. This would include limiting the period over which maintenance payments should be made e.g. to adjust to an eventual lack of maintenance without hardship, or where the payer is a particularly high earner time to allow the recipient to have built up capital provisions. (Footballer v ex wife, Parlour v McFarlane.)

The Court also has the power to dismiss the right of either party to apply for maintenance altogether, and to require that no further application be made.

Remarrying on the part of the recipient automatically ends maintenance payments. Please note that if one of the divorced couple remarries before issuing an application for financial provision within the Divorce Court that party loses the right to issue.

Type of Orders that can be made

The Court has fairly wide ranging powers to make various types of Orders. The information below can be used as a brief outline of the types of Orders that can be made.

 Maintenance Pending Suit
The Court has power to order either party of the marriage to make periodical payments for the others maintenance. This order can only be made after the issue of a Divorce Petition and the maintenance that will be ordered by the Court will be sufficient to cover the situation in the interim, i.e. the essential “short term” needs.

 Periodical Payments
The Court may make an Order that either party to the marriage shall make to the other such periodical payments, as may be specified in the Order. These payments will come into force after the Decree Absolute and the Court can decide on the term (length of time) that they are paid for. They will cease on the re-marriage of the recipient.

The payment term can be limited to a set number of years and/or limited to certain events such as the recipient cohabiting, the youngest child reaching a certain age or a certain stage in education, or some other triggering event.

A fixed term can in certain circumstances be extended if an application is made before the end of the term and the recipient can demonstrate why the term should be extended. Alternatively, the Court can also stipulate at the time of making an Order that no extension can be applied for. The Court can also ask that some form of security be provided to ensure payment e.g. deposit of investment or charge over property.

(See below re variations).

 Lump Sum Orders
The Court can make an Order that either party to the marriage shall pay to the other party a lump sum(s) which will be specified. This Order cannot take effect until after the Decree Absolute, but can be payable by installments.

 Orders in relation to children
Subject to the limitations placed upon the Court by the Child Support Act the Court can also make Orders for one party to make payment to another party for the benefit of a child/children of the family of periodical payments and/or lump sum payments.

 Property Adjustment Orders
These are Orders relating to property. The Court may make Orders in relation to property that one party to the marriage shall transfer to the other party or to any child of the family, or another person(s) as may be specified in the Order for the benefit of such child. The Court can order that a property is settled (placed on Trust) as opposed to transferred for the benefit of the other party to the marriage and of the children to the family. The Court can vary the benefit of the parties to the marriage and of the children of the family (either or any of them) any pre-nuptial or post-nuptial settlement (certain types of Trust) made on the parties to the marriage.

 Orders for Sale of Property
The Court may make a further Order for the sale of property and specify the way that the proceeds should be divided.

 Pension Orders
Orders can be made against one parties’ pension(s) to benefit the other party. Orders can also be made earmarking death benefits under pensions or earmarking income from pensions.

 Variations
Under Section 31 of the Matrimonial Causes Act the Court has power to vary Orders for Maintenance Pending suit and Periodical Payments Orders together also with variation of instalments relating to Lump Sum Orders of order is to be paid by instalments.

This information sheet has been prepared to highlight some key issues relating to Ancillary Relief and it is intended to be for general guidance only and is not suitable for specific advice. It is based upon our understanding of the legal position as at May 2007 and may be affected by subsequent changes in the Law.

A Brief Guide to the Children Act 1989

Introduction
The Children Act 1989 was an attempt to consolidate what had become a muddle of statutes, case law and practice into one piece of legislation which it was hoped would vastly simplify proceedings in the Courts in many matters relating to children. It was also to assist those involved within the various proceedings to be able to have a greater understanding of what the Court was being asked to do, had to consider and the reasoning behind any subsequent decision. It is the case within the main the Act very much provided for this. It covers both what is known as Public Law – Local Authority Responsibility, Foster Carers, Social Services etc and Private Law.

Private law applications are essentially those that do not involve Local Authorities as parties. Among the applications that fall within Private Children’s Law are applications for Parental Responsibility, Residence, Contact, Prohibited Steps Orders, Specific Issue Orders and Applications for Financial Provision for a child. This information sheet primarily deals with Private Law applications under the Children Act, Public Law is not an area of law that this firm deals with.

Paramount Principle
The Children Act introduced the principle that the child’s welfare should be the Court’s paramount consideration when a Court determines any question with respect to either the upbringing of the child or the administration of a child’s property or application of income arising from it.

A child is a person under the age of 18 but you should remember that Section 8 Orders (see below) might only be made with respect to a child over the age of 16 in exceptional circumstances.

This means that when the Court is determining any questions in relation to the upbringing of a child its tack is to decide which course will best serve the interests of the child’s welfare, not the welfare of the Applicants.

When more than one child is the subject of applications the Court have to take care not to regard one child’s interests as taking priority over those of the other children and in some unusual cases what is in the best interests of one child may not be in the best interests of another.

No Order Presumption
There is a presumption that the Court will make no Order unless it is needed to promote the best interests of the child.

The Welfare Checklist
Under Section 1(3) of the Children Act 1989 there is a welfare checklist. This is a checklist of all of the major factors that must be taken into account by the Court when deciding what orders to make. These factors are as follows:-

a) The ascertainable wishes and feelings of the child concerned (considered in the light of the child’s age and understanding).
b) The child’s physical, emotional and educational needs.
c) The likely effect on the child of any change in circumstances.
d) The child’s age, sex, background and any characteristics which the Court considers relevant.
e) Any harm the child has suffered or is at risk of suffering.
f) How capable are each of the child’s parents and any other person in relation to whom the Court considers the question to be relevant of meeting the child’s needs.
g) The range of powers available to the Court under the Act in the proceedings in question.

Section 8 Orders
Sections 8 – 16 of the Children Act contain the main provisions for regulation of Private Law matters relating to the care of children. They are designed to provide practical solutions to questions which arise and the intention is to encourage the adults involved to maintain their involvement in the child’s life and to avoid driving unnecessary wedges between them.

Within these sections are four types of order, and any of these orders or any order varying or discharging such an order is referred to as a Section 8 Order. The orders are:-

 A Residence Order – This order replaced the old idea of care and control and the order designates with whom a child is to live. It automatically confers with right to the person with a Residence Order to take the children abroad for the purposes of a holiday for up to one month unless the Court orders to the contrary. Residence Orders may be split among more than one person. A Residence Order expires on a child’s 16th birthday (18 in exceptional circumstances) or if both natural parents (have parental responsibility) live together with a continuous period exceeding 6 months or by further order of the Court. Directions and conditions may be made with the Order.
 Contact – This replaces the old idea of access but does differ significantly from access. The Contact Order requires the person with whom the child is living to ensure that the child is made available for whatever contact (visiting, staying, telephone etc) is ordered. Again a Contact Order expires on a child’s 16th birthday unless there are special circumstances. It can also expire again if the parents with parental responsibility live together for a continuous period exceeding six months. Directions and conditions may be made with the Order.
 Prohibited Steps Order – This is an Order that no step, which could be taken by a parent in meeting their parental responsibility for a child and which is of a kind specified in the Order, shall be taken by any person without the Consent of the Court. Directions and conditions may be made with the Order.
 Specific Issue Orders – These are orders giving directions for the purposes of examining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child. Examples of this often refer to a choice of child’s schooling, medical treatment, the name that the child is to be known by and religious upbringing. Directions and conditions may be made with this Order.

Any of the above four orders may be made by the Court at any time during the matrimonial proceedings without a specific application being made. The Court also has power to make any of the Section 8 Orders above that it feels appropriate if an application for a Section 8 Order is before them.

Other Orders
Other orders which fall within the boundary of Private Law Proceedings that are also dealt with by the firm are:-

 Applications by non married fathers for parental responsibility (see separate sheet in relation to parental responsibility).
 Applications made to appoint or terminate positions of Guardians appointed.
 Applications to remove children from the jurisdiction (either for holiday or permanent removal from jurisdiction).
 Applications for financial provision of the child/ren. Applications by one parent for lump sum, transfer of property, or various other financial provisions.
 Private Adoption Applications.

Who can make an Application?
Any person with parental responsibility has the right to make an application for any Section 8 Order before the Court. There are also provisions relating to persons who have cared for children for a period of time. Any other potential applicants require leave to be granted before they can make the substantive application; examples of people who require leave but do make applications on a relatively regular basis are grandparents seeking contact with their grandchildren, family members seeking Residence Orders to allow them to continue to care for children.

How an application is made depends on firstly whether or not there are divorce proceedings. If there are divorce proceedings then the person who has initiated those proceedings will have stated in the Petition whether or not they will be seeking any Order in relation to a child. The Court is under a duty to consider in divorce proceedings whether or not proper or adequate provision has been made for care, contact etc of the children and if it does not approve these arrangements, not only will the Petition not be able to proceed to the Decree Nisi stage the Court may well wish to intervene to consider in extreme cases using its own powers to make directions and orders.

Without divorce proceedings a parent or other interested person may apply to the Court for an order without there being any other proceedings in Court in relation to the family at that stage. In cases commenced by a parent, the application is a Form C1, with one form per family and one fee per family. In cases where an Applicant requires leave then they should also complete a Form C2.

The appropriate forms together with a fee are sent into the Court and the Court will then issue the application, and send a copy to the CAFCASS officer (see below), and also set a date for a first directions hearing.

In almost every Court the first appointment for directions will also include an appointment with a CAFCASS Officer. A CAFCASS Officer is an Officer of the Court who is trained to deal with children matters. They will attempt to mediate between the parties who are in dispute to see if any agreement can be reached without the necessity of reports, statements and full hearings being dealt with, not only of course are such proceedings very costly the reality is unfortunately when matters relating to children are fully litigated in Court it very often has the effect of making worse the relationship between the Applicant and Respondent (often the parents) which is not terribly conducive to future co-operation between them, as of course they will be involved in the child’s life throughout the child’s minority.

This information sheet has been prepared to highlight some key issues relating to The Children Act 1989 and it is intended to be for general guidance and is not a specific substitute for specific advice. It is based upon our understanding of the legal position as at May 2008 and may be affected by subsequent changes in the law.

If you require any further information please contact:
Simon Immins Tel DD: 01202 209838
Email: s.immins@turners-solicitors.co.uk