Principles of the family court in contact cases
Principles of the family court in contact cases
When two separated parents are unable to agree on the arrangements for their child and they have exhausted all forms of Non-Court Dispute Resolution, the last resort is an application to the Family Court to involve either a judge or magistrates to help determine the best arrangements for the child. Private law cases are usually brought by one parent against the other and when helping to determine the outcome, there are 5 main principles the court has to consider in every case.
Principle 1 : The welfare of the child is paramount – this is especially true where dealing with cases involving siblings. One child’s welfare cannot take priority over another child in cases involving multiple children.
Principle 2 : The no delay principle – any delay in court proceedings involving children is likely to prejudice the welfare of the child and could, in fact, be harmful. In reality this principle cannot always be honoured by the court due to sheer volume of work and lack of court capacity.
Principle 3 : Presumption of parental involvement – usually it is in the child’s welfare to have both parents involved in their life. The exception is when it can be shown that significant harm could come to the child if they were to have contact with a parent. The court will decide on a level of involvement that is in the child’s best interests and that can sometimes be limited to indirect contact.
Principle 4 : The No Order principle – the court will only make an order in respect of a child if it is better for the child than making no order at all. This is particularly relevant where two parents are able to agree the contact arrangements for their child. The court may prefer not to embody the agreement in a court order but would rather the parents have a Parenting Plan instead.
Principle 5 : The Welfare Checklist – a list of important factors and circumstances the court should have regard to when making decisions about the case which is set out at s1 of the Children Act 1989. Failure to consider this checklist properly could result in judgments being appealed.
Court proceedings should always be considered the absolute and final resort by both parents. If there is a way to resolve the matter without needing a court order, this should be explored thoroughly and with the benefit of sound legal advice.
Contact our experienced family team today to see how we can help Kerseys Solicitors in Ipswich at [email protected] or telephone 01473 213311 or Kerseys Solicitors in Felixstowe at [email protected] on 01394 834557 or Kerseys Solicitors in Woodbridge at [email protected] on 01394 813732 or Kerseys Solicitors in Colchester at [email protected] on 01206 584584.
