Child Custody

Sometimes separated couples decide to make their own child custody arrangements legally binding by filing a Child Arrangements Consent Order with the court.

This informal agreement on child custody would normally include:

• Who the child or children will live with and the timetable for this.
• Who the child or children will have contact with and the timetable for this.
• If there is any flexibility in the arrangements and an explanation of this.
• Arrangements regarding travelling abroad such as for holidays any conditions attached to this, such as how passports will move between couples.
• Consideration should also be given to childcare costs, handover arrangements (such as time and location) and what should be done if either party is late or unable to care for the children.

This consent order will need to be signed and dated by both parents and attached to a C100 court application. The C100 form is an application for a Child Arrangements Order made under section 8 of the Children Act 1989.

There is a £263 fee payable to court to make a C100 application. You may qualify for a reduced fee if you have low income and low assets. We can help you apply for a fee reduction if you think you might qualify.

We can help you with child custody and draft a Child Arrangements Order by consent.  We can support you if you live in the North East of England, including Chester le Street, Washington, Consett, Stanley, Newcastle, Gateshead, Sunderland, Durham and Teesside. 

When parties simply cannot agree between them on child custody and the arrangements for a child, one party can make an application to court for a Child Arrangements Order using a C100 application form.  On this form the applicant details their case and sets out the orders they are asking the court to make and why. 

There is a £255 fee payable to court to make a C100 application. You may qualify for a reduced fee if you have low income and low assets. We can help you apply for a fee reduction if you think you might qualify.

It is compulsory to attend a Mediation Information Assessment Meeting (MIAM) before making a C100 application unless a specific exemption applies.

We can support you if you are the Applicant or the Respondent in proceedings.  We can  help you make your child custody application or respond to an application. We can help you prepare your position statements, we can help you prepare witness statements and we can attend court with you as your McKenzie Friend at all stages of the court process.  We can support you if you live in the North East of England, including Chester le Street, Washington, Consett, Stanley, Newcastle, Gateshead, Sunderland, Durham and Teesside.

At all stages of this process, the court’s main concern is the welfare of the child. The court uses the welfare checklist, found in section 1 of the Children Act 1989 to assist in this regard.

When the court receives the application, it will set a time and venue for a “First Hearing Dispute Resolution Appointment” (FHDRA) which both parties must attend.

Ahead of the FHDRA, court will usually ask both parties to file position statements.

At the FHDRA , the court examines the issues and explores the possibility of reaching agreement.   CAFCASS (Children and Families Court Advisory and Support Service) will be present at the FHDRA. At the FDHRA you cannot be cross examined by the other side.  The Judge will ask you questions for clarification and you may be required to summarize your position verbally. A FHDRA hearing will typically last 1 – 2 hours.

If a child custody agreement cannot be reached at the FHDRA, or if there are concerns about the child’s welfare that need to be investigated, the court will set out a timetable of what happens next. This will see the matter being listed for a second hearing, known as a “Dispute Resolution Hearing” (DRA). To assist court ahead of this hearing, the court might ask CAFCASS (Children and Families Court Advisory and Support Service) to prepare a report on what is in the best interests of the child. The court will also ask the parties to file position statements ahead of the hearing.  At the DRA you cannot be cross examined by the other side.  The Judge will ask you questions for clarification and you may be required to summarize your position verbally.

In the vast majority of cases involving child custody, a Child Arrangements Order is made by consent of the parties at either the FHDRA or the DRA.  At both hearings the court may give you an indication of what they feel might be in the best interests of the child but they cannot make an order for you to do this.  A DRA hearing will typically last 1 – 2 hours.

It is only if matters are not resolved at the second hearing, the DRA, that the matter will be listed for a Final Hearing.  These hearings are contested, meaning full witness statements are filed by parties.  These witness statements will then be scrutinized under cross examination by the other side.  This cross examination can be conducted by the other party if they do not have legal representation, or by a barrister.  A Final Hearing will typically last ½ a day to 2 days and a Judge will decide what arrangements should be made for the child.