In 'private law' cases (where Social Services are not involved) either a Family
Proceedings Court (Magistrates) or a County Court can make a decision about a
child's welfare. The Court should cover the area where the child currently lives
- court addresses and telephone numbers available on the Court website at
www.hmcourts-service.gov.uk
Court proceedings are always private, only the parents, lawyers and any
witnesses can attend. There is a current media campaign to allow the press into
'secret courts' but would you want them report your lives in the local
newspaper. The Court also has powers to obtain reports from CAFCASS (including
the children's views), medical or other experts where appropriate, or for the
child's interests and views to be put to the Court by and independent CAFCASS
Guardian and Solicitor.
The paperwork is simple, Form C1 can be obtained from the Court Office or the
Court Service web site plus the fee : applicants on Income Support or Tax Credit
may be exempt. Depending on the type of application, other forms may be needed
as well.
Most courts have some kind of mediation or conciliation procedure, diverting
disputes to a Court Welfare Officer from CAFCASS who will see the parties and
the child, before any decision is made by a judge or magistrate. If the dispute
cannot be resolved amicably, then the court will set a timetable and may want an
independent report from another CAFCASS Officer before a final hearing, which
will usually include seeing the child and reporting on their views.
Disputed cases take on average four to six months before a final hearing,
from the first 'directions' appointment. But the court has power to make
'interim' orders for the meantime, and may make any kind of order in an
emergency, usually (but not necessarily) after hearing both parties in a
half-hour hearing.