Carlsons Solicitors

Going through a divorce can be a stressful time for the separating partners, but it is often the children who find it most challenging. In any case, going to court to make child care and contact arrangements should be a last resort and only initiated if both parties cannot reach mutual agreements. In this guide, we will go over the steps you should take to resolve the problem as quickly and trouble-free as possible:

Leave going to court as the last viable option – as it was already mentioned, divorce is stressful enough already, and there is hardly a need to escalate things by going to court for child contact. Experts agree that it is best for children if their parents can resolve their issues and come to an agreement outside of court. One way to make this easier is to use some of the available negotiation tools/services. A good number of them are free and work to help both sides come to an amicable agreement. There is also professional mediation, which is another good option since it is less stressful for children. A lawyer can help you communicate with the other parent if the situation is complicated.

Represent yourself or hire a lawyer – by hiring a lawyer, you are essentially getting an expert to handle all of the legal aspects of the matter, as well as represent you in court. If you choose to represent yourself, you will be speaking to the judge yourself.

Attending a Mediation Information and Assessment Meeting (MIAM) – before applying for a court order, you need to attend a MIAM, except if you are exempt. That is where you will figure out if mediation is appropriate for you and whether it is possible to agree to some arrangements outside of court. To book a MIAM, you have to find a mediator. Make sure they are authorised because only they can carry out such a meeting.

Applying for a court order – it all starts with filling out C100 form and sending that to a court that is nearest to you. In case you wish to discuss other issues with the court, you will need to make a separate application. You will soon enough get a First Hearing Dispute Resolution Appointment. Before the first hearing, you will have to consult with an advisor from the Children and Family Court Advisory and Support Service.

(CAFCASS). They need information on your and your partner’s criminal record and social service check. With them, you will discuss any concerns regarding the welfare and safety of your children. Cafcass will also consult you on what you should do at the first hearing.

Going to court – the first thing a judge will do at the first hearing is to see if there is an option that you and your partner can come to an agreement. If it is possible to reach an agreement, they will set out the details and end the process. In the case that you and your partner cannot reach an agreement, the judge will write a court order, assuming you can resolve the issues between each other. If the judge requires more information or time to figure out the best course of action, they may put the case on hold. They will set a new date for a hearing. In the meantime, if you reach an agreement before this date, the judge will make a consent order.

If there is one thing to consider, it is that going to court is always a stressful experience, which you should aim to avoid. It is for the best for your children. Find out more info at https://www.carlsonssolicitors.com/divorce

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