Legal Advice

By EssentialsMAG legal advice contributor CAROL McGUIRE

Child Arrangements Orders

When a couple separates or divorces, there can be issues in relation to their childreneg. to whom the children should live with and how much contact will be given to the party leaving the family home.

Sometimes, these issues can be resolved in correspondence but there are those cases where the parties have entrenched views. In those cases we are obliged to forward the same to Mediation, as the Court will not accept any applications to deal with your problems, without a MIAMS form.This is a form that requires signing by the Mediator to say that Mediation is inappropriate.

Mediation is a good way of making your feelings known.You will be offered a joint session with your former partner/husband /wife to try and resolve the same in discussion and if successful, the Mediator will give you a copy of the purported agreement to give to your solicitor who can then draft an order to go into Court.

If you cannot agree, then we need the MIAMS form from the Mediator to allow an application to the Court. Mediation isn’t free, unless your means meet the Legal Aid Agency’s criteria, for which legal aid can be granted, but for Mediation only, and not legal fees.

If you do not meet that criteria, then you will have to pay per session you attend and also for the MIAMS form.

If unsuccessful in Mediation, then an application can be made to the Court, wherein a District Judge will speak with a CAFCASS Officer assigned to your case. They will decide how the matter progresses. A first hearing is likely to order an Impact Report from CAFCASS, which is an assessment of the situation. The Judge will make his decision based on this report and the oral evidence of the parties. If you do not agree with the CAFCASS report, then you can call the CAFCASS Officer into Court for cross examination.

Please be aware that the procedure can be slow, unless it is of a really urgent nature.