[Solved] Child Arrangement Order

Hi there

I’m just a bit confused, I don’t understand how an order can be written up before the process of cafcass safeguarding checks and other reports has been done. Cafcass usually make recommendations and these can vary from what either party is asking for.

The process is that the person that makes the application (the applicant) indicates on the form what is being asked for. A copy of the application form is sent to the other party (the respondent) and a date for the first hearing is set.

Usually the court will ask Cafcass to prepare a brief safeguarding report, called a section 2 letter. Cafcass will interview both parties over the phone and also ask the police and local authorities if either party has had any past involvement with them. They will prepare the report and make recommendations for the court to be guided by, and send copies to both parties and the court, ready for the first hearing.

At the hearing, an adviser will usually try and get both parties to reach some agreement, if none can be reached, the court will talk to you both, if allegations are made, the court can ask for further reports and will often ask for both parties to prepare and file statements by a specific date and a date for a second hearing will be made.

As I’m not clear what stage you are at, it’s difficult to advise you other than very broadly.

If a party is instructing a solicitor, it’s usual for all correspondence and requests to be sent to them, rather than to the party directly.

If you have specific requests about what you would like to happen, you can either write them down in a position statement, or ask the judge yourself at the next hearing.

Personally I think it’s a good idea to write a brief two page position statement, to tell the court what you would like. I’ll get you some links to further information about how to do this.

If you can, you could tell us a little more detail about what stage you are at, how many hearings you’ve had and a little about what you are asking for... without including name or other details that could identify you.

All the best

Am assuming your ex's lawyer has drawn up a consent order for the pending proceedings?

If this is the case, you can discuss any amendments at the first hearing and try to get them agreed there. Or, you can try to discuss with the lawyer prior to court.

For interim arrangements, I would start by asking the lawyer to take instructions from your ex and go from there.

Apologies for not being totally clear.

I will give you a brief outline of the case. I have 2 sons (14 and 10) with my ex. Our eldest lives with me, the younger with his mum. Last August she moved away from the London area to Devon taking our 10 year old. The case is regarding visitation for my youngest as our eldest is nearly 15 and really of an age where any order would only last until he's 16. Being 280 mile round trip, visitation is set for school holidays.

The situation in court as it stands is this.

We have had 2 hearings. On the second hearing we reached an agreement on visitation for both our sons. This was agreed through my ex's solicitor before going into court. The reason we have to return for another hearing is that caffcass had not received police checks for safeguarding although we both fully expect them to come back with no issues.

We are therefor due back on the 15th March, hopefully with police checks returned to caffcass for the final order.

Since the last hearing this month, I have received a letter from the court outlining what was agreed in the hearing and stating what I said above regarding police checks etc. What the court documentation failed to state was a couple of points I specifically requested. I feel if I don't have these points in the order my ex will not adhere to them even though agreed verbally before the last hearing and will then use the court order as a battering stick to use against me and continuously get her way without any flexibility.

As I am representing myself I would like to know how I can get these small points included when the court meets next month to hopefully pass a final order with them included. Would I request this in an email to her solicitor or are there specific forms I need to fill in?

Also the judge stated at the last hearing that both parties are not required to present at next months hearing as agreement had been reached. This was of before the omission of the points I requested.

Hope this is clearer

As you’re unrepresented it’s up to you to liaise with her solicitor to get the omissions put into the draft order (I’m assuming they are tasked with writing out the final order) and you would do this in writing.

I would also respond to the court about the couple of points that are missing, explaining what they are, that it was discussed at the last hearing and was specifically requested to avoid further dispute and a possible return to court in the future. Tell them that you will also be contacting the other party’s solicitor on this matter.

All the best