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The law governing children is set out in the Children Act 1989. This act creates a number of principles governing the way in which children matters should be resolved. Applications for child arrangements orders are usually between private individuals under Section 8 Children Act 1989, which are therefore private law matters. Where someone seeks an order in respect of a child who is in the care of the local authority it will be considered a public law matter.

In private law cases the child is not a party to the proceedings unless there are particular circumstances that make the case complex. The court can request a welfare report under Section 7 Children Act 1989, either from the local authority or from a children and family reporter who is an officer appointed by Cafcass. The report will usually inform the court of the child’s wishes and feelings, but the officer will make a recommendation based on what they think is in the child’s best interests rather than just report on the child’s wishes.

In some circumstances, the court may order that the child is made a party to the proceedings. A children’s guardian (who is a Cafcass Officer) is appointed to represent the child in the proceedings and the guardian will appoint a solicitor. If the child and guardian do not agree on what recommendations to make to the court and the child is of sufficient age and understanding, they will be able to instruct a solicitor directly to represent their views and the guardian will present their own views to the court.

Certain categories of people are entitled to make an application for a child arrangements order under Section 8 without having to seek permission from the court first, and they are:

• The parent, guardian, or special guardian of a child;

• Any person who has parental responsibility;

• Anyone who holds a residence order in respect of the child;

• Any party to a marriage or civil partnership where the child is a child of the family;

• Anyone with whom the child has lived for at least three years;

• Anyone who has obtained the consent of:

• The local authority if the child is in their care; or

• Everyone who has parental responsibility for the child.

Other people can make an application to the court for permission to issue an application for a child arrangements order. It is usually via this route that wider family members such as grandparents are able to apply for orders in respect of their grandchildren. In deciding whether to give permission the court will take into account, among other things:

• The nature of the application;

• The applicant’s connection with the child; and

• The risk there might be of the proposed application disrupting the child’s life to such an extent that they would be harmed by it.

There are a number of orders that the Court may make under the Children Act. The most important from your point of view is a child arrangements order. This is an

order made by the court to confirm the arrangements for contact between children and (in this case) the father. Given any problems surrounding the current

arrangements for contact, it may well be that your case has to return to Court for the contact arrangements to be reconsidered.

The Courts normally emphasise the importance of ongoing contact between the children and the parent with whom the children does not live with. Having said this,

the Court would take an account of your ex-partner’s, any erratic attendance, and the children's feelings.

These orders decide who the child is to live with or spend time with, and can be granted to more than one person whether they live together or not. If a child arrangements order states that the child will live with a person, that person will have parental responsibility for that child until the order ceases. Contact with a child can either be direct (such as face-to-face) or indirect (such as by the exchange of letters).

Some orders will make very specific arrangements for the child; other orders will be more open with detailed arrangements to be made between the parties by agreement. Child arrangements orders are not only made in respect of parents; there can also be orders for arrangements between siblings and wider family members. Sometimes the order will give directions that contact is to be supervised by a third person, or that contact is to take place in a specific location.

Failure to comply with an order may result in the court making further orders specifying activities for a party to undertake or the court making other enforcement orders which can include an order for unpaid work.

A firm guarantee cannot be made regarding the outcome of a Court case.

Having said this, in most cases I think it is likely that the Court would be supportive of a Father’s wish to ensure that contact was managed so as to be in children's best interests.

Should a matter concerning children be referred to the court, then the court's main

concern in deciding whether or not to make an order and in considering what order to make is the welfare of the children, In determining the welfare of the child, the court will have regard to what is known as the welfare checklist.

The Welfare Checklist sets out a number of factors that must be considered by the court. These factors include the following:

1. The ascertainable wishes and feelings of the children (considered in the light of their age and understanding).

2. The physical, emotional and educational needs of the children.

3.The likely effect on the children of any change in their circumstances.

4.The age, sex and background of the children and any other characteristic

which the court considers relevant (including the children's race, ethnic origin,

culture and religion).

5.Any harm which the children have suffered or is at risk of suffering.

6.How capable is each of the parents, or any other person in relation to whom

the court considers the question to be relevant, of meeting the children's

needs.

7.The range of powers available to the court under the Children Act.

Any decision reached by the court will be based on a full consideration of the above

factors. As you will note, the list is child-centred. In other words, the court is not particularly concerned with the wishes or feelings of the parents of the children or any other adult involved in the case. The court is concerned with the welfare of the children.

Parental responsibility is defined in the Children Act 1989 as meaning *... all the

rights, duties, powers, responsibilities, and authority which by law a parent has

relation to the child and his property".

Parental responsibility is conferred automatically on the mother of the child irrespective of her marital status. Whether

the father also has parental responsibility depends on whether he was married

to the mother or not. Where the father was not married to the mother, he does not

automatically have parental responsibility and can only acquire parental responsibility by way of a Court Order or Parental Responsibility Agreement with the mother.

The law changed some years ago and now unmarried fathers will

automatically acquire parental responsibility for any child born after 1 December

2003 providing that the father's name is on the Birth Certificate.

Other ways in which a father can obtain parental responsibility are by:

• Drawing up a parental responsibility agreement with the mother, which is a specific form that has to be signed by both parents;

• marrying the mother; and

• the court making a child arrangements order for parental responsibility if the parents cannot agree on the father having parental responsibility.

Other people may acquire parental responsibility by entering into an agreement if they are the husband or civil partner of the mother, or if they obtain a child arrangement order for residence.

More than one person can have parental responsibility for the same child at the same time. Parental responsibility is shared between everyone, but where more than one person has parental responsibility for a child each of them may act alone in meeting that responsibility except in circumstances where the consent of everyone with parental responsibility is required.

The Court will encourage both parties to come to an agreement where no welfare concerns are raised. However, given any pending conviction this may be something the Court is likely to look into, to ensure that your child(ren) will be safeguarded when having contact to you. 

An appointment with a Mediator is a pre-requisite to issuing court proceedings. There is a time frame of four months to issue court proceedings following attending a mediation appointment. You will obtain a signed mediators form which will allow you to issue the C100 with the Court.

Should there be any safeguarding concerns contact could take place in a contact centre or a contact centre could facilitate a handover.

If a C100 application is made to the Court, prior to any first hearing CAFCASS would telephone you and your ex-partner to discuss any safeguarding concerns that either of you may have. They would also do a background check with the Police to see what convictions either of you have.

In addition to this they would also contact Childrens' Services to see whether or not they have been involved with your family. They would then do a letter to the Court

outlining their concerns and their recommendations in respect of any contact to the children.

In relation to the Non-Molestation Orders you have the following three options:

1. You could provide the Court with an Undertaking which is a promise to the Court. This would mean that the Order would no longer be effective and there would therefore be no power of arrest however, you would be making a promise to the Court promising the conditions in the order or agreed varied conditions.

You could seek the Undertaking to include that no findings have been made in relation to the conditions. In addition, you could seek the Undertaking to include you are not to have contact with Mother save for contact to your child when your Bail conditions have lapsed. An Undertaking would need to be accepted by the ex-partner and the Court. Should the promise to the Court be breached, Mother could make an application to the Court, and if findings are made you may have sanctions imposed upon you. The most serious of which would be a prison sentence.

Cross Undertaking may also include whereby ex-partner would also need to adhere to similar conditions not to contact you save for an emergency regarding your child.

2. You could oppose the Order and the matter is likely to then be listed for a final hearing. You would need to provide evidence to prove why the Non-Molestation Order should not be made. Any evidence to confirm the allegations are not true should be exhibited to your statement. For example, phone calls, text messages, and e-mails could be used as exhibits to your statement should one be required.

3. You can accept the Order and included in that no findings have been made against you. This however may cause a problem as should you breach the Order and are arrested this will show on your record and is a criminal offence.

Children’s Services may be wishing to put your child on a Plan to work with you and/or your ex-partner to eliminate their concerns.

These Plans are:

1. A Child in Need Plan is where a child is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable bne standard of health or development without the provision for him/her of services by a local authority; and their health or development is likely to suffer.

2. A Child Protection Plan is a plan drawn up by the local authority. It sets out how the child can be kept safe, how things can be made better for the family and what support they will need and more serious of the two plans.

3. A Pre-Proceedings Plan is where a plan sufficient evidence (the

Threshold Criteria is met) to warrant Care Proceedings but will want to

give the parent the chance to make the improvements Children Services are suggesting to eliminate risks.

Should CAFCASS have concerns then they may inform the Court that an in-depth report needs to be carried out. There are two main types

of reports that CAFCASS may suggest;

1. Section 7 Report which can be done by either CAFCASS or Social Services.

2. Section 37 Report which is usually done where Social Services have had a lot of involvement with the family.

The Court would ask for a section 37 report to consider whether care proceedings should be instigated. In order for care proceedings to be issued the Threshold Criteria must be met. The Threshold Criteria is:

A child is either suffering or is at risk of suffering significant harm, And It must be in the child's best interests to make an order.

Sometimes a hearing may be required to determine some issues/allegations which is known as a Fact Find Hearing.

Where a Fact Find Hearing is deemed necessary by the Court they will request a list of allegations, statements from you and your ex-partner and witnesses to be filed.

This may not be required if the allegations are those contained in the Non-Molestation Application and these are determined by the Court. In addition, evidence from the Police/medical professions can be obtained if required.

It will also be considered whether you and/or your ex-partner are required to give evidence in Court at this hearing.

Where there are allegations of any domestic abuse the Court does not have to make an interim contact order until further information is received in relation to safeguarding of any child.

The Court has a duty to ensure the child is safeguarded and to ensure that your ex-partner is safe if they are the person the children are living with in order for the court to make final decisions.

Statements will then be needed from you and from your ex-partner to confirm your positions.

1. A Father’s Friend will put agreed next steps to you in writing via email; following the initial the D.I.Y. Service - Strategy & Planning Meeting.

2. Should you wish to instruct A Father’s Friend to provide you with further support - please read the Terms of Engagement and Privacy Notice.

3.Payment for our services are to be made in full before any support is completed.

4. If no payment is made or A Father Friend has not heard from you within 4 weeks from the date the initial meeting, we will proceed with the closure of your file.