|
Apply For Residence and or Contact |
Step 2
|
Apply for Residence and/or Contact
|
|
If you are not able to agree childcare arrangements with your spouse, then you or your spouse will have to apply to the court for contact and/or residence orders, whereby the court will decide the arrangements.
|
Overview:
Which court?
If there are already divorce proceedings then the application is issued in the divorce court. If the divorce proceedings have not yet been issued, then the application may be made to any county court or magistrates' court that can deal with children matters.
|
Process:
The Application
The application is made using form
C100 'Application under the Children Act 1989 for a residence, contact
or other section 8 order'. The party making the application (the
'applicant') must complete the form by setting out some basic details
of the parties and the children, what order or orders are being sought,
and why. Once the form has been completed, it should be filed with the
court, together with a copy for the other party and the court fee,
which is presently £175. The court will then issue the application, fix
a first hearing date and return one copy of the application, together
with a notice of proceedings form and an acknowledgement form, to the
applicant. The applicant must then send all three documents to the
other party (the 'respondent'), and file a statement of service form
with the court confirming when and where the documents were sent.
The respondent should complete the acknowledgement form stating whether
they intend to oppose the application, file it with the court and send
a copy to the applicant.
The First Hearing
The first hearing will usually be a short 'directions' appointment, at
which the court will want to find out what the issues are, and will
decide what how the matter should proceed (see Step 3). Most courts
will also expect the parties to be interviewed together by a CAFCASS
('Children and Family Court Advisory Support Service' - i.e., court
welfare) officer, before going in front of the district
judge/magistrates clerk. The CAFCASS officer will ask the parties what
the issues are, and will find out whether the matter can be settled by
agreement, whether then and there or through mediation (see Step 1).
Sometimes, a partial agreement can be reached, for example a temporary
arrangement for the children and returning to the court at a later date
to see how that arrangement has worked. The CAFCASS officer will then
report to the district judge/magistrates clerk, before the parties are
called into court.
If the parties have reached agreement, then the court will decide
whether an order should be made (see the 'no order principle' under
Step 1), and if it is a complete agreement, then the proceedings will
end there (although either party can go back to the court if the
agreement breaks down or needs to be changed). For what happens if no
agreement is reached, see Step 3. |
Frequently Asked Questions:
Do I have to be interviewed by the CAFCASS officer with my spouse present?
Yes, unless there is a good reason why not, such as domestic violence.
What if my spouse fails to appear at the first hearing?
Provided that it is satisfied that your spouse has received notice of the application, then the court may proceed in their absence. |
Useful resources for this step:
|
Free Resources 
