Family court legal proceedings involving children must be handled differently from other disputes. Whether the issues involve allegations of domestic abuse, parental alienation, or disagreements about who a child should live with, the child’s welfare must always come first. Demstone Chambers are child custody lawyers in Milton Keynes that specialise in these kinds of disputes.
The governing law is contained in the Children Act 1989. As most Children Act proceedings involve dealing with statutory bodies like the Children and Family Court Advisory and Support Service (CAFCASS), it is vital to have experts who can help you deal with them. Demstone Chambers specialist family law barristers have experience across a wide range of child custody proceedings and will be able to support you to achieve the outcome you seek.
Child Custody Proceedings
Child custody proceedings in the UK usually follow the process below:
- Mediation: Before any court proceedings begin, mediation will usually take place. This is the recommended approach and involves a neutral third-party mediator who aims to help parents reach an agreement on custody and contact agreements. Mediation is not mandatory where one party alleges domestic abuse.
- Court Application (aka “C100 application”, “section 8 application” or “child arrangements order application”): If mediation does not result in an agreement being reached, you can apply to the Family Court for a Child Arrangements Order. Such an order details who the child shall live with, how much time they will spend with each parent, and any other necessary arrangements. To apply for a Child Arrangements Order, you will need to complete a form and submit it to the court, along with the required fee. Your child custody lawyer can help you with this.
- Court Hearings: Once your application has been submitted, the court will schedule (aka “list”) a hearing to review the case. The number of scheduled hearings will depend on the complexity of the case and whether both parents can agree on the arrangements.
- First Hearing Dispute Resolution Appointment: At the first court hearing, the judge will try to help both parties reach an agreement. If an agreement is successfully reached, the judge may make a consent order reflecting the agreed terms. If this is not the case, the judge may order a section 7 report from the Children and Family Court Advisory and Support Service to assess the child’s welfare. A CAFCASS officer will conduct interviews with the parents, the child (if appropriate), and any other relevant parties. They will then submit a report to the court with recommendations on what they believe is in the child’s best interests.
- Further Hearings: Depending on the case, there may be more hearings to review the evidence and hear from witnesses, which can take several months. After this, if no agreement has been reached, the judge will make a decision at the final hearing, considering the CAFCASS report, any evidence, and the child’s best interests.
- Child Arrangements Order: Once the decision has been made by the judge, they will issue a Child Arrangements Order, which both parents must follow.
Child custody proceedings can take a long time to resolve. Having a dedicated child custody lawyer (such as a family law barrister) can reduce the stress involved in the process and result in better outcomes.
Need assistance with a child custody case? Please call our office at +44 330 390 9290 today to find out how we can help.
How can we help?
Demstone Chambers are Milton Keynes-based child custody lawyers specialising in all areas of family law, including child custody cases. We serve clients in Milton Keynes, Birmingham, Coventry, and London, but can also help clients across the UK. Our team of child custody attorneys aims to complete all proceedings in a robust, efficient, and careful manner.
The Bar Standards Board regulates our team. We provide services to members of the public through the Bar Standards Board’s direct access scheme. This means that if you require a flexible legal service whereby you handle matters yourself as a litigant-in-person and call on us only for bespoke support with selected complex work (such as drafting documents or attending a court hearing) then we can help.
Why choose Demstone Chambers?
We are a Direct Access Barristers chambers that specialises in family law while also offering services for immigration and human rights law proceedings.
We have an experienced team working at Demstone Chambers, including Barristers, and chambers assistants. This enables us to provide everything from quick advice to bespoke legal services, to a full service where we take care of the proceedings from start to finish.
What to expect from your first call with our child custody lawyers
When you get in contact with us, we will first and foremost listen to your individual needs. This helps us to establish the level of help that you need from us and the best strategy for you. Child custody cases are sensitive and often emotionally charged, therefore it is important that clients have an understanding of the strategy from the outset because this helps to prevent stress and upset at later stages. Once we have devised and discussed a strategy with you, we can then begin court proceedings and take action.
Additional Services
Our team of child custody attorneys can support you with a child contact dispute, however, as expert family lawyers, we can also offer support with a range of issues including domestic abuse allegations. However complicated the situation is, we have the expertise to support you every step of the way.
Do you have a child custody law issue that needs resolving?
Contact our friendly team of family lawyers below to see how we can help.
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