Changes in the Law Relating to Children

The Children and Families Act 2014 came into force on the 22nd April 2014. This sets out a new approach in dealing with disputes concerning children

Mediation continues to take a central role.   Before making an application to the Court the parent must first attend what is called a “MIAM”.    That is a Mediation Information and Assessment Meeting.   This will apply in most cases albeit the law sets out certain exceptions.

The key thing to remember is that a parent on making an application to Court will have to complete a form to confirm that they have attended at a MIAM.   If the applicant has not done so and there are no exceptions to the requirement that they attend, then the Court will not accept the application.   It is not only a matter for the applicant to attend a MIAM but also any respondent is expected to have attended a MIAM as well.

It needs to be borne in mind that the parties may attend separate mediation assessment meetings or the same one.  

The new law makes it clear that it is important that the parties try and resolve disputes concerning their children without Court involvement.

In the past we have referred to custody or residence and access or contact.   Reference to these terms have been removed by the new Act.   The parties may now apply for an order regulating arrangements relating to their children.   This can be an order dealing with whom a child is to live, spend time or otherwise have contact with and where a child is to live, spend time or otherwise have contact with any person.   When an application is made to the Court consideration will be given to the matter being allocated to the appropriate level of Judge in the Family Court.   At this stage directions can be made as to how the case is to progress.

A First Hearing Dispute Resolution Appointment (FHDRA) ought to take place within six weeks of the application having been made to the Court.   The parties involved as well as one of the CAFCASS Officers, that is a Court Welfare Officer, should be in attendance at this hearing.   The CAFCASS Officer will have prior to this date undertaken relevant safeguarding checks.  The CAFCASS Officer will produce to the Court a letter which will set out any safeguarding concerns.

The purpose of the First Hearing is to enable the Court to explore the possibilities of whether an agreement can be reached concerning arrangements for the children.

Having considered what case management arrangements need to be made by the Court and assuming that it has not been possible for the parties to reach an agreement, then the case will be listed for what is called a Dispute Resolution Appointment (DRA).  

The purpose of this hearing is to identify the important issues that will need to be determined, to look at whether that hearing can be regarded as a final hearing and to consider what case management steps need to be taken prior to the case being listed for a final hearing.  

This is a broad overview of the key changes which apply to private law cases involving children.  

Should any further information or explanation be needed please contact Judith Fitzpatrick the head of RDC’s Family Law Department on 01274 723858 or email her on judith@rdcsolicitors.co.uk.