Child Custody Arrangement
The client is dealing with a child custody issue following their children being removed from the child protection register. The client has received legal advice to pursue court proceedings to regain access to their children as part of a safety plan. This matter falls under Child Custody and Family Law, and the client is seeking further information and guidance on how to proceed.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps do I need to take to obtain a Child Arrangements Order for access to my children?
To obtain a Child Arrangements Order for access, follow these steps:
- Mediation Information and Assessment Meeting (MIAM): Attend a MIAM to explore mediation before court proceedings. This is usually mandatory unless specific exemptions apply.
- Application: If mediation is unsuitable or fails, complete the necessary application form for a Child Arrangements Order.
- Court Fee: Pay the application fee or apply for a fee exemption if you qualify.
- Submit Application: Submit the application to the local Family Court in your region.
- Court Proceedings: Attend the initial hearing where a judge will help reach an agreement or set a timetable for the case.
- Further Hearings: If necessary, attend further hearings to decide the order.
How does the recent removal of my children from the child protection register affect my case?
The removal of your children from the child protection register can positively impact your case as it indicates that the local authority no longer considers them at immediate risk of harm. This change might be viewed favourably by the court when assessing your application for child access, although other factors including the children's welfare and your relationship with them will still be taken into account.
What should I know when dealing with family courts in my region?
When dealing with family courts, it's essential to focus on the welfare of the children as outlined by the relevant legislations. Courts also encourage compliance with pre-court protocols like attending a MIAM. Understanding the principles guiding court decisions, such as prioritising child welfare, can aid in your case.
What evidence will support my application for child access?
To strengthen your application for child access, compile evidence such as:
- Parenting Plan: Detailing your care arrangements for the children.
- Character References: Statements from individuals who can speak to your parenting suitability.
- Proof of Stability: Evidence of stable housing and employment.
- Previous Court Orders: Relevant court documents or social work reports.
- Positive Engagements: Records of visits and interactions with your children.
Should I consider mediation before going to court?
Mediation can be a viable alternative to pursue before court. It may offer a more flexible and amicable approach to reach agreements regarding child access without needing a formal court order. In your jurisdiction, attending a MIAM is usually a prerequisite to filing a court application.
What resources are available in my area for parenting support?
You can reach out to various local organisations that provide support and parenting courses. Community resources can be beneficial for demonstrating your commitment and improving your case, and you may find family support centres or community programmes useful.
What are the options for legal aid regarding my child access case?
You may explore free legal aid options through local organisations or legal clinics that assist with family law matters. Depending on your financial situation, you might qualify for legal representation to help with costs associated with court applications.
