Problems often arise upon the breakdown of a relationship concerning;
(a) Residence (with whom a child should live)
(b) Contact (how often a child sees the other parent).
(c) Prohibited steps (whether either party should be prevented from taking a particular action, for example, moving abroad with a child)
(d) Specific issues (the resolving of a dispute concerning a particular aspect of a child’s upbringing, for example, religious education.

Many such problems are resolved by clarification of each parents wishes and viewpoints and the setting up of a clear arrangement. It is better for the parties to agree arrangements concerning the children; such agreed arrangements are usually adhered to and further problems avoided. Solicitors can help bypass the hostilities which often exist between the parties, enabling them to come to a reasonable compromise.

However, firm court action can be taken to ensure a child’s best interests are taken care of. If this is necessary the Court is under a duty to progress cases concerning children as quickly as possible. If a Court application is made by one of the parties, a hearing is listed, usually within a few weeks. The parties attend with their advisors and negotiations should take place prior to going before a Judge. If the matter is then agreed the Judge can make an Order there and then. If not, further directions are made by the Judge which will usually include a report to be prepared by the Court Welfare Officer, now known as the CAFCASS officer. Once the report is available a further hearing takes place in which the report is considered and, depending upon the report recommendations, it is often possible to settle the matter. If not, a Final Hearing has to take place.

Timescale - to reach the first hearing usually takes only a few weeks, however it can take around three months to obtain a CAFCASS report and the next hearing may be delayed by several months because of this. The Court will often make an interim order to cover this delay.

Costs will vary between £300 to £750, for cases which are agreed at an early stage, up to £1500 to £3000 or more for complicated cases, which may require a Final Hearing.