Step 1: Try to Agree
Before applying to the family court, you must consider mediation. Most people are required to attend a Mediation Information and Assessment Meeting (MIAM) before making a court application. The mediator will explain how mediation works and whether it is suitable for your situation.
Step 2: The C100 Application
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If mediation is not successful or not appropriate, you apply to the family court using Form C100. The form asks you to set out what orders you are seeking and the reasons. You must attach your MIAM certificate unless an exemption applies. File the form at your local family court and pay the court fee.
Step 3: The CAFCASS Safeguarding Call
Once proceedings are issued, CAFCASS will contact both parties by telephone for a safeguarding call. They will check police and social services records and write a safeguarding letter for the court. Prepare for this call carefully -- what you say will be recorded and reported to the judge.
Step 4: The First Hearing (FHDRA)
The first hearing is called the First Hearing Dispute Resolution Appointment. It is usually listed within four to eight weeks of the application. The judge will identify the issues in dispute and consider whether agreement can be reached. Bring a position statement setting out your position.
Step 5: Further Hearings
If agreement is not reached at the FHDRA, the court will give directions for the next steps -- which might include a section 7 report by CAFCASS, a fact-finding hearing if allegations need to be determined, and a final hearing at which the judge makes a final order.
Step 6: The Final Hearing
At the final hearing, both parties give evidence and are cross-examined. The judge considers all the evidence and makes a child arrangements order. The order sets out who the child lives with and how much time they spend with each parent.