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What happens after you apply for a court order about children
If you’ve applied to a court about future arrangements for your children, you may be encouraged to reach an agreement between yourselves. But if this doesn’t happen, the judge or magistrate will decide. Find out what judges and magistrates consider and how the process works.
The first appointment with the court
If you’ve applied for a court order, the court will fix a first appointment with both parents. This is also sometimes called a ‘directions hearing’.
Usually, a Family Court Adviser from the Children and Family Court Advisory and Support Service (Cafcass) will be at this hearing.
Cafcass will also write to you before the hearing, send you information and will usually phone you as well.
At this court hearing, a judge or magistrate will assess the case. They will try to work out:
- what you can agree
- what you can’t agree
- whether your children are at risk in any way
They will also encourage you to reach an agreement at this hearing if it’s in the best interests of the children.
If you can agree - and there are no concerns about the children’s safety or welfare - the judge or magistrate can end the process there.
Sometimes the judge or magistrate will make an order that both parents agree with. Or sometimes the agreement between parents means no order is necessary – although the judge or magistrate will record the agreement.
If you can’t reach an agreement at the first court hearing
If you don’t make an agreement at the first appointment, the judge or magistrate will set a timetable for what happens next.
Sometimes, a judge or magistrate will ask you to try again to reach an agreement. This may be with a mediator or with a Cafcass officer.
You may be ordered to go to a ‘Separated Parents Information Programme’. These are two-hour sessions with other parents (but your ex-partner will not be at the same sessions as you).
The judge or magistrate can also ask for the case to be ‘adjourned’ (put on hold). This is to provide time for a Cafcass officer to write a report on the case.
The judge or magistrate can also schedule a time and date for a final hearing to decide on the orders.
If you can reach an agreement at any stage, this will usually stop the process if the judge or magistrate agrees.
How a Cafcass report works
If the judge or magistrate asks a Cafcass officer to write a report, the officer will try to find out what would be best for the child.
It can take some time for the report to be completed. This depends on how complicated the issues are. In most cases, reports are written within eight to fifteen weeks.
The Cafcass officer will ask your child about what they want and their feelings.
They may, with your agreement, also talk to people like:
- doctors
- teachers
- relatives
- health visitors
- social workers
When the report is complete, the Cafcass officer will send copies to you (or your solicitor, if you have one).
The report is completely confidential. You mustn’t show it to anyone else without getting the court’s permission unless they are:
- your solicitor (if you have one)
- someone who isn’t legally qualified who may be helping you with your case (like an adviser from a support group or a friend who may support you at court)
The information the Cafcass report will contain
The report will include information that the Cafcass officer has gathered from you, your children and from the others listed above.
The report will always focus on what Cafcass considers to be in the best interests of the child.
The judge or magistrate will pay close attention to the information and advice in the report and may request more reports if it’s necessary.
What judges and magistrates will consider
The law says judges and magistrates must always put the welfare of children first. They will think about the:
- child’s wishes and feelings (bearing in mind their age)
- child’s physical, emotional and educational needs
- effect any changes may have on the child
- child’s age, gender, background and other relevant characteristics
- possible risk of harm to the child
- ability of parents to meet the child’s needs
- orders the court has the power to make
A judge or magistrate will only make an order if they think it is in the child’s best interests.
If you disagree with an order
If you disagree with an order that’s been made, you should get some legal advice about your next steps.
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