24 Mar 2006

Normally, arrangements over the children after the breakdown of a relationship are best decided without having to go to court. Unfortunately it is not always possible for the two parties to agree about who the children should live with, or what level of financial support is appropriate.

If the parties in a divorce cannot agree on child custody, then the court can be asked to settle the dispute. Normally, between four and ten weeks after applying for a court order, both parties will be asked to meet the judge. The court will generally suggest that the parties meet with a Conciliation Officer to try and encourage a mediated agreement. If an agreement is not forthcoming, the matter will be decided in court.

The main advantages of using mediation instead of the court process is that it helps to avoid some of the hurt and anger that is inevitable when trying to settle these emotive issues. In addition, when an arrangement is reached by mutual consent rather than being imposed, it is more likely that both parties will honour it. The disadvantage of mediation is that it will probably be quite stressful for both parties having to meet regularly.

An officer of The Children and Family Court Advisory and Support Service for England and Wales (CAFCASS) will normally also attend this meeting. If it is not possible to reach an agreement at this meeting then the judge will normally request a court welfare report. It is the CAFCASS officer's job to draw up a court welfare report. This will involve meeting with the child and the parents as well as other relevant professionals such as teachers or doctors. It may also involve the CAFCASS officer visiting the parties at home.

Within about three to six months, a further hearing will be arranged by the judge to explain the decision. In making its decision, the court will consider, first and foremost, what is in the best interests of the child. This decision will usually agree with the recommendations of the welfare report.