Childrens Legal proceedings Brighton Familiy Lawyer

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			CHILDRENS LEGAL PROCEEDINGS

Cases involving children are usually governed by The Children Act 1989 where the welfare of the child is of paramount importance. The Court can make care orders in so-called “public civil care cases” or it can make so-called “Section 8” orders which are basically residence, contact, prohibited steps and specific issue orders.

Residence Orders
Basically, the Court may be asked to decide the contact issue – with whom are the children going to live? Increasingly, parties want to consider shared residence but there are issues about how this should work.

Contact Orders
If the children are based with one party, how much and how regularly should they have contact with the other party? The quantity and quality of such contact is the subject of scrutiny by the Court. There may be an insistence that contact is supervised or that it takes place at a contact centre.

Prohibited Steps Order
Essentially, the Court has the power to make orders prohibiting or preventing a party from taking a certain course of action relating to the child e.g. not to take the child out of the jurisdiction.

Specific Issue Orders
Such orders can relate to any aspect of the child’s welfare or upbringing. An example might be whether the child should be vaccinated or whether the child can go abroad on holiday. The order might perhaps determine which school the child should attend where there is a dispute.
In the above proceedings a CAFCASS Officer may be directed to prepare a report (see the information under the heading “Care Proceedings”).
In some cases, the separate representation of the child may be necessary and, if so, the Court give appropriate “directions”.

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