Summary of Children Procedure

PROCEEDINGS

LEGAL TERMS DEFINED

1.

Before you can start Court proceedings, you must attend mediation.

If you intend to be the Applicant you must always attend, unless an exemption applies to you. The mediation service will contact the Respondent to invite them to an appointment in most cases.

MEDIATION is where both parties attend an appointment with a trained mediator (non-biased third party). The mediator will assist in facilitating negotiations and help parties reach a fair agreement. The mediator will assess whether your case is suitable for mediation.

If mediation is unsuccessful, unsuitable or if the Respondent refuses to engage, the mediator will sign your court form to allow you to issue court proceedings.

The APPLICANT is the person who is applying for the order.

The RESPONDENT is the person who is responding to the application.

2.

The Applicant’s solicitor sends the C100 form to the Court for filing.

The Applicant’s solicitors send a C1A form alongside C100 form if necessary.

The C100 is the Court form used to apply for ‘live with’ or to have ‘contact with’ orders. The C100 can also be used for specific issues orders, e.g. selecting a child’s school and also for prohibited steps orders, e.g. preventing a child from being removed from the jurisdiction.

The C1A form is a court form used when there are allegations that the child or another party is at risk of harm.

3.

The Court serves a Notice of Proceedings to both the Applicant and the Respondent.

The NOTICE OF PROCEEDINGS will set the time, date and place for the First Appointment.

4.

First Appointment.

The FIRST APPOINTMENT is your first court hearing. If no agreement can be reached at the hearing the Court will set ‘directions’ which is essentially a to do list for the parties in readiness for the next hearing.

5.

The Court sets a date for the Dispute Resolution Appointment.

Both parties will comply with directions set at the First Appointment, for example: filing witness statements or alcohol and drug testing.

If an agreement is not reached, the Court will set a date for the Final Hearing and more directions.

The DISPUTE RESOLUTION APPOINTMENT hearing is where the judge will try to assist parties to reach an agreement if one has not been reached by negotiation following the completion of the directions. Most cases are settled at this hearing.

6.

Final Hearing where a Final Order will be made.

The FINAL HEARING is where the Judge will listen to oral evidence from both parties and assess all the evidence before them.

The Judge will then make a Final Order which will decide the arrangements for the child/children and give their reasons for this decision.