In an ideal world, you and your ex-partner would have an amicable relationship and be able to resolve any issues in respect of your children out of Court. In instances whereby it is appropriate, when you initially consult with a solicitor in respect of family matters, attempts will be made to negotiate with the other party in respect of children arrangements ahead of issuing proceedings. Unfortunately this is not always achievable and it may be necessary to apply to the courts to resolve disputes.

How are proceedings issued?

The process of applying to court varies slightly depending the circumstances in which it is made.

Usually an application is made on notice to the other party. In this instance an application is completed and lodged with the Court. A copy of this application is then served on the other party with a summons to attend Court for a ‘First Direction Hearing’

An application can also be made without notice to the other party in more urgent circumstances. In this instance, an application is lodged with the Court, if the Court considers that the matter requires to be heard urgently it will usually be heard on the same date or the following day without notice to the other party. The Court will usually make a ruling on the application and thereafter arrange a listing date for both parties to appear.

What orders can the Court make?

There are several Orders the Court may make in private children order proceedings, which include the following;

• Residence Order (determining who a child will live with)
• Contact Order (allowing the other party to have contact with the child)
• Prohibited steps order (prevents a party from doing something)
• Specific Issue Order (requiring a party do something)

What will the Court consider when deciding whether to make an Order?

When the Court is making a decision on matters that will affect a child, the Courts are required to look at the welfare of the child as the paramount consideration. The welfare checklist consists of seven statutory criteria that the courts must consider when reaching its decision in cases involving children;

1. The ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding);
2. Their physical, emotional and educational needs;
3. The likely effect on him of any change in his circumstances;
4. Their age, sex, background and any characteristics of theirs which the court considers relevant;
5. Any harm which they have suffered or is at risk of suffering;
6. How capable of meeting the child’s needs is each of their parents and any other person in relation to whom the court considers the question to be relevant;
7. The range of powers available to the court under this Order in the proceedings in question.

What happens at Court?

You should attend Court on each occasion unless you are excused. The court often operates in lists, which means that cases get called on in a specific order, or are called on as and when they are ready to go on. This means that you may potentially have a long wait until your case is dealt with.

It is very unlikely that your case will be dealt with at the first Hearing.  If the Court requires further information ahead of determining the matter it may make Orders to further information to be provided to the Court. For example, statements from both parents, social worker reports and GP reports. The Court will then list further Court dates to review how your case is progressing and may make Orders for the interim period.

Once the Court is satisfied it has the information in it requires to determine the matter, your case will be listed for Final Hearing.

If you are considering issuing private law proceedings it is essential that you seek legal advice as soon as possible. At HHD solicitors, our Family Law solicitors have specialist knowledge in handling family law proceedings in order to ensure that you obtain the best possible outcome. If you need any further advice please get in touch on enquiries@hhdsolicitors.com or 028 90770770.