There are three main types of orders relating to children in private family law proceedings:
Child Arrangements Orders (CAO)
A Child Arrangements Order determines who a child will live with and who they will spend time with.
Prohibited Steps Orders (PSO)
A Prohibited Steps Order can prevent a parent or other party from taking a specific action in relation to a child. For example, this may include:
- Changing a child’s name;
- Removing a child from the jurisdiction;
- Taking a child out of a particular school; or
- Taking another specific step without the court’s permission.
Specific Issue Orders (SIO)
A Specific Issue Order allows the court to make a decision about a particular matter concerning a child where the parties cannot reach an agreement themselves. Examples may include:
- Which school a child should attend;
- Whether a child should receive vaccinations; or
- Whether a child should be raised in accordance with a particular religion.
The Process
The process for applying for any of the above orders is broadly the same. The stages are as follows:
- Mediation Information and Assessment Meeting (MIAM)
In most cases, the applicant must attend a Mediation Information and Assessment Meeting (MIAM) before making an application to the court. There are some exemptions to the MIAM requirement, including certain circumstances where domestic abuse has been involved. - C100 Application
A C100 application form must be completed and filed with the court. This form sets out the order being sought and the reasons for the application. - Gatekeeping
Once the application has been issued, a gatekeeping process takes place. The court will determine the appropriate level of judge to deal with the case and will refer the matter to Cafcass (Children and Family Court Advisory and Support Service) where appropriate. The court will also give both parties directions setting out what they need to do before the next
hearing. - First Hearing Dispute Resolution Appointment (FHDRA)
The First Hearing Dispute Resolution Appointment (FHDRA) usually the first hearing. The purpose of the hearing is to identify the issues in dispute and, where possible, help the parties reach an agreement without the need for a final hearing. If an agreement cannot be reached, the case will progress. The parties may be directed to prepare and file witness statements setting out their respective positions. - Dispute Resolution Appointment (DRA)
The Dispute Resolution Appointment (DRA) provides another opportunity for the parties to reach an agreement and resolve the issues before the matter proceeds to a final hearing. Where Cafcass has identified safeguarding concerns, these should have been brought to the court’s attention. Where appropriate, Cafcass may prepare a Section 7 Report, setting out its recommendations and any relevant safeguarding concerns, to assist the court in making decisions about the child. If the parties cannot reach an agreement, the case will proceed towards a final hearing. - Final Hearing
If the parties remain unable to reach an agreement, the matter will proceed to a Final Hearing. At the Final Hearing, the judge will consider the evidence and arguments presented by the parties before making a final decision about the arrangements for the child.
Reaching an Agreement
The parties can reach an agreement at any stage of the proceedings.
If an agreement is reached, it may be possible to bring the proceedings to an end without the need for further court hearings, subject to the appropriate order being made where required.
What Do the Courts Consider When Making Orders About Children?
When making decisions about children, the court’s paramount consideration is the child’s welfare.
The court must have regard to the factors set out in Section 1(3) of the Children Act 1989, commonly referred to as the welfare checklist.
These factors include:
- The ascertainable wishes and feelings of the child, considered in light of their age and understanding;
- The child’s physical, emotional and educational needs;
- The likely effect on the child of any change in circumstances resulting from the court’s decision;
- The child’s age, sex, background and any characteristics which the court considers relevant;
- Any harm which the child has suffered or is at risk of suffering;
- How capable each parent, and any other relevant person, is of meeting the child’s needs; and
- The range of powers available to the court in the proceedings. The court will consider the individual circumstances of each case and will make its decision based on what it considers to be in the best interests of the child.
