Children Law Cases - What will the Court consider?
We are busier than ever with private children law cases. It is reported that last month Cafcass saw a 9.5% increase in cases received, when compared to the previous month. Here we briefly look at why people apply to Court, and what the Court will consider before making an Order…
Private Children law cases are governed by The Children Act 1989. Such cases can be complex and highly sensitive. Where an application is not urgent and there is no domestic abuse, parties are often expected to attend mediation to try and reach a resolution without the need for Court action. Applications commonly made include an application for a Child Arrangements Order to determine with whom a child shall live, and/or what time they shall spend with the other parent. Applications are also regularly made to deal with serious and pressing situations where a child has been removed from a parent or third party’s care without consent, this order is known as a Prohibited Steps Order. The Court can also deal with “specific issues” such as medication, schooling and holidays abroad, amongst other matters.
The Court will consider whether is it necessary to make an Order. The paramount concern will always be the child, and consideration will be given to The Welfare Checklist which includes;
The ascertainable wishes and feelings of the child concerned
The child’s physical, emotional and educational needs
The likely effect on the child if circumstances changed as a result of the court’s decision
The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
Any harm the child has suffered or maybe at risk of suffering
Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
The powers available to the court in the given proceedings
The Court will consider all of the relevant factors (and evidence) before considering the Orders available and within their discretion. The best interests of the child will be the Court’s primary consideration.
Please do not hesitate to contact us for specialist legal advice should you have any queries concerning a children case.
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