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The law and your children

Legal procedure

What happens if there is a dispute about a child, and it cannot be sorted out through mediation or between solicitors?

The first stage is for an application to be made on a standard form giving brief details about the background.

The court will then usually fix a brief hearing to decide how the application should move forward. At court, there may be an opportunity for you and the other parent (if the dispute is between the child’s parents) to discuss the problem with a CAFCASS officer.

The judge will make orders about how the case is to proceed, perhaps asking a court welfare officer to prepare a report and deciding what evidence is needed for the final hearing.

If a CAFCASS officer is asked to prepare a report, then he or she will arrange to meet you and the other parent separately, and sometimes with the child, before preparing the report. This is normal practice in residence disputes.

The judge can also make interim orders about the children to regulate arrangements until the final hearing.

Both parents (or whoever else is a party to the dispute) must attend court. You should not bring your child with you to court unless the court directs you to do so.

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