03rd February 2017
Court assistance in relation to children
As a starting point it is best to see if an issue can be resolved by mediation — an independent mediator will look at the issues. If not, what can the court do?
The Orders it can make are:
- Prohibited steps
- Specific issue
Residence Order: where the child will live — it is not uncommon for shared residence orders to be made with the court defining the time the child will spend with each of you.
Contact Order: where it will define a framework for when a child will see the parent with whom it is not living.
Prohibited Steps Order: where the court prevents a certain action, for example preventing a parent taking the child out of the country.
Specific Issue Order: where the court will determine a disputed point, for example if parents cannot agree where a child will go to school.
What types of things do the court look at before making an order? Well, it has to be specific to the case, but there is a checklist:
- Ascertainable wishes and feelings of the child.
- The child’s physical, emotional and educational needs.
- The likely effect on the child of any change in their circumstances.
- The child’s age, sex, background.
- Any harm which the child has suffered or is at risk of suffering.
- How capable each of the parent is of meeting the child’s needs.
- The range of powers available.
The court has to be satisfied that it is in your child’s interest to make a court order, as opposed to not making an order.
Please contact our specialist family law team, to discuss this issue, or any other issue of family law or relationship breakdown.
You can always call us on 0808 168 5550 or email us on email@example.com
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