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Going to court
Most court cases concerning children involve private disputes between parents - often after they've separated. They may disagree about where a child should live or how often each parent should see the child.
During proceedings, parents are encouraged by the court to use counselling to help them make decisions about the future care of their children. This is offered by Court Welfare Officers and Mediation and Conciliation Services. However, when the dispute can't be resolved, parents can apply to the court for a variety of orders under the Children Act 1989. They should seek legal advice from a solicitor who is listed on the Children's Panel of The Law Society.
Residence Order
If parents are separating or getting divorced and can't agree who should have the child, the court can make a Residence Order saying where the child should live. Usually the child will live with one parent, but the court can make the order in favour of more than one person and say how much time the child should spend living with each.
In some cases, it may not be the parents who apply for an order from the court. For example, grandparents may want to contest an adoption order being sought by the local authority for their grandchild and ask the court to let the child to live with them rather than with strangers. The court could make a Residence Order agreeing to this request, on the grounds that it is better for the welfare of the child to be brought up by relatives.
Contact Order
If, for example, former partners can't agree about how much time their child should spend with each of them, the court can decide whether to make a Contact Order. This could mean that the person with whom the child is living must allow the child to have contact with the other person, such as telephone calls, visits and overnight stays.
Prohibited Steps Order
If one partner objects to something that the other is doing concerning their child, then he or she can apply to the court for a Prohibited Steps Order. This will stop the other parent from taking the action outlined in the order without getting the court's permission first.
Parental Responsibility Order
If an unmarried father can't reach a private agreement with the child's mother, he can apply to the court for an order giving him parental responsibility for his child, to be shared with the mother.
Specific Issue Order
If former partners disagree about a specific aspect of their child's upbringing, for example which school the child should go to, the matter can be settled by a Specific Issue Order.
Parents don't have to be getting a divorce to apply for any of these orders. An unmarried couple who have ended their relationship can apply as well. For example, an unmarried father who has left the family home may want to apply for a Contact Order, so that his children keep their relationship with him.
If a child is old enough to understand what it means, he or she may ask the court for permission to apply for a particular order, too.
A local authority can also apply for some of these orders: for example, a Prohibited Steps or Specific Issue Order. Anyone who is concerned about any aspect of a child's welfare can apply, but - to protect families from undue interference - only if they get permission from court.
The court can also make an order during proceedings if it feels this would help the child - for example, at the same time as granting a domestic violence injunction to one partner.
Useful addresses
Association for Shared Parenting
PO Box 2000
Dudley
West Midlands
DY1 1YZ
Tel: 01789 751157
Information and support for divorced or separated parents and help with issues of contact and residence.
National Association of Child Contact Centres
Minerva House
Spaniel Row
Nottingham
NG1 6EP
Tel: 0115 948 4557
Website: http://www.naccc.org.uk
Provides neutral meeting places where children of separated parents can enjoy contact with both parents.
Both Parents Forever
39 Cloonmore Avenue
Orpington
Kent
BR6 9LE
Tel: 01689 854343
Helps parents, grandparents and children understand and enforce their rights.
Families Need Fathers
134 Curtain Road
London
EC2A 3AR
Tel: 020 8295 1956
Website: http://www.fnf.org.uk/
Support and help to men and women with child contact and residence problems following separation or divorce.
Grandparents' Association
Moot House
The Stow
Harlow
Essex
CM20 3AG
Helpline: 01279 444964
Office: 01279 428040
Website: www.grandparents-association.org.uk
Email: info@grandparents-association.org.uk
Advice and information to grandparents estranged from grandchildren, or whose grandchildren are in care.
Reunite (National Council for Abducted Children)
PO Box 24875
London
E1 6FR
Tel: 020 7375 3440
Advice and information to those seeking the return or retention of children suffering parental abduction.
Children's Legal Centre
University of Essex
Wivenhoe Park
Colchester
Essex
CO4 3SQ
Tel: 01206 873820
Website: http://www.childrenslegalcentre.com/
Advice and information on matters of law and policy affecting children and young people.
Fathers Direct
Herald House
Lambs Passage
Bunhill Row
London
EC1Y 8TQ
Tel: 0845 634 1328
Website: www.fathersdirect.com/
Fathers Direct is the UK's national information centre for fatherhood. It exists to support the welfare of children by the positive and active involvement of fathers and male carers in their lives.
Copyright © 2006 NSPCC - All rights reserved. National Society for the Prevention of Cruelty to Children, Weston House, 42
Curtain Road, London EC2A 3NH. Incorporated by Royal Charter. Registered charity number 216401. NSPCC, charity registered in Scotland, charity number SC037717.