Applying to Court
Our highly trained solicitors can guide you through the Court Order process.
Applying to the court is often seen as the last resort because you can only apply to the court when you have ensured that all avenues of amicable agreement have been exhausted. You cannot issue an application without first attempting, or being assessed for, mediation. It is important to remember that a court battle can be a long drawn out series of hearings and, throughout this, your children will be aware of what is happening. They may have to speak to the Court welfare officer (Cafcass officer) during this time, too.
Court order process
The Cafcass service are instructed to make preliminary enquiries once your application is made. They will speak to you and the other parent before the first hearing, and make written recommendations to the Court. The Cafcass officer will also be available to discuss issues with you both at the first hearing.
If an agreement can be reached at the first hearing, an order can be made either on a final basis, or on the basis that it is reviewed in the future.
If an agreement can’t be reached and the Cafcass has no welfare concerns for the children, then the Court will list the case for a contested hearing where each of you will be able to submit a statement setting out what you believe is best for your children. If there are welfare concerns, possibly due to historic aggression or violence, the Court will make orders to enable it to get to the bottom of what has happened. The Cafcass service will be asked to prepare a more detailed report where the children’s wishes and feelings will be one of the factors that the court will need to consider.
If the Court have to make the final decision on the arrangements for your children, then your ability to control the final outcome has been lost. This is why the vast majority of separating parents manage to make their own arrangements outside the Court arena.
Applying to Court for Children Arrangements
If you are considering applying to the court, speak with one of our family law specialists. They are highly experienced, and can provide you with support and guidance during the court process. They may also be able to advise you of other options that may be available to you.
We have offices in Chesterfield, Sheffield, Dronfield, Mansfield and Nottingham.
For more information on applying to the court, or to arrange an appointment with our expert Family Law department, call 0330 017 6308* or email email@example.com.
*calls cost no more than a local 01 number and are included in your mobile minutes.
Frequently Asked Questions
Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return.
If the bank allows, it is possible for your aunt to name you as a third party on her bank account. This will allow you to withdraw funds and sign cheques on her behalf. We can help your aunt complete the mandate form required to put this in place.
No. Sometimes it may feel as though this has happened. The aim when sharing out matrimonial assets is to be fair. Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work. Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party.
Your aim should be that both parents still play an active part in the raising of the child/children. Usually parents sort this out amongst themselves, although if there are problems mediation can be a good way to resolve this. Going to Court should always be the last resort where children are involved.
No, getting a divorce should be an administrative excersise only and there are many options open to you that avoid going to Court.
There is a 12 month barring rule which means you can start the divorce process after being married for 1 year. In England you can get divorced if your marriage has broken down irretrivably, usually proved by allegations of adultery or unreasonable behaviour, or if there has been 2 years' of continously living apart.
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Thankyou Helena Downing for all your excellent service.
The family department at Banner Jones have just completed the legal arrangements in respect of my divorce. The service I received was exemplary and I wanted to write to you to let you know this. I have been pretty constrained in relation to availability to meet and most of our business has been done over email which I appreciated. Responses have been very timely, updates provided regularly, deadlines hit and fees reasonable. I contrast this with the service provided by a large law firm in Sheffield in the early part of the year and your approach and that of your staff to customer services, in my view, sets your firm apart. Your firm came to me through personal recommendation by a friend and I shall be happy to do the same. Thank you again.
Thanks for your assistance with my case, your advice has been invaluable, and I would certainly recommend Banner Jones to my family and friends.
We would like to thank our solicitor acting for us Richard, he did a great job and was very easy to speak to and very friendly. Extremely professional and we would use him again in the future.
We’re really grateful for the work you did for us. 10 out of 10!
Brilliant service, kept well informed all the way through the process. Would definitely recommend.
Cannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.
Service provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.