FREQUENTLY ASKED QUESTIONS
This is not intended an exhaustive list of information, but a starting point with the frequently asked questions within the group. It should not be taken as legal advice and may not be appropriate in your particular case.
Can I take my child on an international holiday without the permission of the other parent?
If you have a CAO (Child Arrangements Order) it may specify arrangements for this. In the absence of a CAO, or lack of specific arrangements contained in it, it is advised that you should obtain written permission from the other parent. In a CAO it will often say that the parent with a ‘lives with’ order (the resident parent) in their favour can remove the child from the jurisdiction for up to 28 days.
I would like to use a parenting app for communication and / or child related issues, which one is recommended?
Members have differing opinions but the most commonly recommended apps on this group tend to be AppClose and TalkingParents. Our Family Wizard is mentioned too but reportedly is quite expensive. Check out this list https://separ8.co.uk/tips-advice/co-parenting-apps-which-one-to-choose/
What can I expect on the CAFCASS safeguarding phone call?
It is usually an initial chat with CAFCASS about why the issues have been brought to court, whether there are safeguarding concerns, and how you see the way forward. Always remain child focused and avoid being too critical of the other parent. Neil is currently developing a training course about dealing with CAFCASS.
I have applied to court. What are the approximate time frames and when should I hear something? Will the other person be notified?
Usually court will be in touch within a few days to take payment. Once complete papers will be filed fairly soon, with a court date of approximately 2 weeks to 3 months depending on urgency of the case, and wait times specific to each court. There are typically 2-3 months between hearings (Covid has messed this up though), and typically 2-3 hearings in a child arrangements case.
The other party and / or their solicitor has not filed the documents on time to court. What should I do?
Nothing. It’s really typical. You can let the court know via email, but ultimately nothing happens when it’s highlighted. Unscrupulous solicitors love this tactic!
I wish to start child arrangements proceedings, where do I start?
Unless you’re exempt (see link below) then you will have to attend at least a MIAM (Mediation Information Assessment Meeting – costs around £100) which is the preliminary step of mediation. This is a legal requirement and you can’t progress without having done so. Once that’s completed you can progress to court via a C100 form (also linked below). This can be completed online or by printing off the form and submitting it to the family court nearest to where the child/ren lives. If you need assistance with this please ask in the group, or book an appointment with Neil.
Should I still see my child under lockdown / covid rules?
Unless there are specific medical conditions then it is expected that contact should continue. Where matters relating to contact withholding have been taken to court over Covid, judges have been overwhelmingly backing enforcement of existing court orders, with the contact withholder being given a strict telling off.
What should I expect in a section 7 report?
A section 7 report is a more detailed and thorough look at the issues. It is usually carried out by CAFCASS but can sometimes be carried out by Children’s Services if they are already working with the family. All agencies such as police and social services will be contact for searches, sometimes schools, GPs another other agencies could be involved as appropriate. Children are also usually spoken to. It will be age appropriate, so younger children for example may be asked to draw pictures of their family. From the age of approximately 11 the child’s voice begins to carry much more weight in terms of the ‘wishes and feelings’ surrounding where they might live and which of their parents they would like contact with.
PR
Parental Responsibility is not to be confused with Parental Rights. Having PR means that you’re legally responsible for the child. The birth mother is automatically awarded PR, but the father must attend the registering of the birth in order to be added. It’s possible to have parental responsibility awarded later if you’re not on the birth certificate, and this can be requested in court. People that aren’t the child’s biological parents can sometimes be awarded PR too, for example, a guardian.
FORMS & JARGON
Common Forms
C1 – has several uses but commonly used to seek parental responsibility.
C1A – accompanies a C100, or is in response to one, regarding safeguarding / DA.
C100 – to apply for a CAO / PSO / SIO (see below).
C2 – to apply for additional orders whilst already in proceedings.
C4 – to apply to the court to disclose the address of a child.
C79 – to enforce an existing court order.
C8 – to withhold a contact address from another party.
FL401 – to apply for a non-molestation order.
FL403 – to vary, extend, or discharge a non-molestation order.
FP8 – to change or discharge your representation (solicitor)
Common Abbreviations
RP – Resident Parent
NRP – Non Resident Parent
SS – Social Services
CAFCASS – Children and Family Court Advice and Support Service
DA – Domestic Abuse
DV – Domestic Violence
PA – Parental Alienation
DJ – District Judge
DDJ – Deputy District Judge
NMO – Non-Molestation Order
PSO – Prohibited Steps Order
SIO – Specific Issues Order
CAO – Child Arrangements Order
MASH – Multi Agency Safeguarding Hub
MARAC – Multi Agency Risk Assessment Conference
FHDRA – First Hearing Dispute Resolution Appointment
DRA – Dispute Resolution Appointment
FF – Fact Finding
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