Family Court Proceedings

While going to court is rarely ideal, matters of family law sometimes require a court hearing to achieve fair outcomes. This is especially the case during complex or contentious separations, divorces, disputes over child arrangements or where emergency applications have to be made.

We strongly encourage our clients to explore alternative ways forward, such as mediation, the collaborative process arbitration or lawyer-led negotiation, before considering entering a courtroom. These approaches offer a less confrontational environment, potentially leading to more positive, long-term outcomes for everyone involved, particularly children. In most cases, out-of-court solutions are less costly, too. And its not just us, judges do not shy away from telling those before them that there are better, less costly ways to achieve settlement, some also highlight the benefits of achieving a settlement and putting matters behind them. Put simply it is better for you to determine what the settlement will be than a judge or magistrate. The judiciary are very able and do a great job but do you really want a stranger making decisions about your family.

In our view, court applications should be considered only after attempts at reaching an agreement outside of court have been exhausted. If all avenues have been explored and the only route left open is to court, then our experienced family lawyers can provide the expert guidance and support you need to get through the court process successfully. Court proceedings, sadly, are sometimes the only way.

The family courts deal with a wide range of issues that arise when relationships break down.

Applications related to children

Child arrangement orders (CAOs) – these orders determine how much time a child spends with each parent after separation, and were previously known as custody orders. They cover living arrangements, contact arrangements (visitation) and communication methods between parents. These are common court proceedings and Belderbos Solicitors is very experienced at completing these with positive outcomes for our clients

Relocation with children – if a parent wants to move with their child but is just not able to reach an agreement with the other parent, they can apply for court permission. The court prioritises the child’s best interests always, considering factors such as the move’s motive, potential impact on the child’s life and the impact on their relationship with the other parent. These can be emotionally-charged court proceedings. We will manage them calmly but robustly on your behalf

Prohibited steps orders (PSOs) – these restrict a parent from taking specific actions regarding the child, such as taking them overseas, removing them from school, or changing their last name

Specific issue orders – we can help you to address specific issues related to your child, such as consent for overseas travel, school choice, or the child’s last name

Parental responsibility orders (PROs) – we can also help you establish parental responsibility if you don’t automatically have it, allowing you to participate in decisions regarding your child or grandchild’s education, medical care and other important matters

For all court proceedings involving children, it is important to know what the court will consider. The child is priority number one so the court will look at what is called the welfare checklist:

• the child’s wishes and feelings (depending on their age and maturity)
• the child’s physical, emotional, and educational needs
• the potential impact of any changes on the child
• the child’s age, background, and any specific characteristics
• potential risk of harm to the child
• the ability of both parents to meet the child’s needs
• available court orders

Applications related to finances
If an out-of-court financial agreement proves impossible, a family court can be asked to make a financial order for dividing assets such as savings, pensions, property and investments, and deciding on child maintenance.

Financial orders and child maintenance
In our family law courts, financial matters typically revolve around dividing assets and determining spousal maintenance when couples divorce. We can help you achieve positive results with the following:

Division of assets – the court can issue a financial order that splits marital assets and debts fairly. This may include savings accounts and investments, property (house, land, etc), pensions (private and public) and valuable possessions. In court, we will help you address the various matters commonly faced with asset division, namely:

• The length of the marriage or civil partnership
• The financial contributions of each partner during the relationship (including income-earning and homemaking)
• The needs of any dependent children
• The future earning capacity of each partner
• The value of each asset

Child maintenance – the Child Maintenance Service (CMS) usually calculates child maintenance payments based on the paying parent’s income. However, the court may intervene in some situations, such as:

• Determining school fees if not already covered by the CMS calculation.
• Ordering “top up” maintenance if the paying parent earns a very high income (above £156,000 per year, as the CMS disregards earnings exceeding that amount).

Other family court applications

• Non-molestation orders – if you or your child are at risk of violence or harassment from an ex-partner, we can help you gain protection through the court with a non-molestation order
• Occupation orders – speak to us if you need professional legal advice for specifying who can live in a particular property
• Orders for marriage or civil partnership dissolution – we can help you to deal with the legal aspects of ending a marriage or civil partnership
• Applications under Schedule 1 of the Children Act – Courts can make orders for maintenance lump sums, housing, bursary and school fees for children of unmarried parents.

There are exceptions, such as emergency applications under the Family Law Act, but you will usually be asked to attend a meeting about mediation before you apply to a family law court. This is called a mediation information and assessment meeting (MIAM) and is compulsory in most cases, with notable exceptions, such as domestic abuse.

This initial meeting is with a specially qualified family mediator who will help you to consider whether your issues can be resolved without going before a judge or magistrate. Belderbos Solicitors offers family mediation services for couples, including the MIAM and subsequent mediation meetings, if you want to explore further an out-of-court agreement.

Director James Belderbos is a trained mediator and collaborative lawyer. James’s training was provided by Resolution and is approved by the Family Mediation Standards Board. James is registered as a mediator in Rutland with the Family Mediation Council (FMC) and he offers in-person mediation and online mediation services in Oakham and throughout Rutland and Leicestershire.

Please also remember that even if court proceedings are in place, you can still leave those proceedings and engage in mediation or any other non-court dispute resolution “NCDR” process. Since April 2024 courts now require parties to explain ahead of financial remedy hearing the steps they have taken to try NCDR.

Important points to remember about court

• Before applying to court, explore alternative dispute resolution methods, such as mediation, arbitration and collaborative family law, which can be faster and less stressful
• Your wait for an outcome for your application to court may be a long one. With a backlog in the courts, a wait of 12 months for a decision to be made is common. Consider how swiftly you want a decision when seeking a court order
• You can find the relevant application forms and guidance on this UK government website, but we recommend you seek legal advice and support to complete and submit them. Work with our team of child and family law solicitors to make sure you provide all the necessary information
• If you are applying for a child arrangements order, your child’s welfare will be the court’s priority. Your wishes on sensitive issues such as time spent with your child will be taken into account, but ultimately the judge or magistrate will put the child first and this may not be the outcome you desire

Belderbos Solicitors offers a no-fee initial meeting to help you think clearly and decide on the right options for you. We do this to ensure people do not see cost as a barrier to getting good legal advice at the beginning of divorce or separation proceedings

The procedure varies from case to case and differs significantly in children applications. In financial remedy applications the represents a summary of what it could look like. Your case will rarely be settled at the first hearing and in financial remedy proceedings whilst some case settle at the First Directions Appointment some go on to Financial Dispute Resolution Hearings and some to a Final Hearing.

Ok, so you’ve considered all the options and you are now set to embark on family court proceedings. Family court hearings can vary depending on the specific case, but here’s a general breakdown of the process:

Before the hearing

• Preparation – you will be guided through the process, gathering evidence and preparing your arguments
• Disclosure – both parties must disclose their financial information openly and honestly. This ensures a fair outcome
• Mediation attempt – as mentioned, in most cases, mediation is attempted before going to court. This allows couples to negotiate a settlement with the help of a neutral mediator

The hearing day

• Opening statements – lawyers for each party will present their case to the judge
• Evidence presentation – witnesses may be called to give evidence, and documents or other relevant materials might be presented. This can include social worker reports if social services are involved
• Questioning – lawyers will have the opportunity to question each other’s witnesses and challenge the evidence presented
• Closing arguments – lawyers summarise their key points and arguments for the judge’s consideration
• Judge’s decision – the judge will consider all the evidence and arguments before reaching a decision. In some cases, the judge may reserve judgement and deliver it at a later date

Possible outcomes

• Settlement – sometimes, agreements can still be reached during the hearing with the judge’s approval
• Judge’s order – the judge may issue a court order outlining, financial settlements or other matters at hand
• Adjournment – the hearing might be adjourned if more evidence is needed or further discussions are necessary

Court proceedings can feel daunting but we will give you peace of mind and ensure that you are represented robustly in court. Belderbos Solicitors are highly experienced lawyers with many years’ experience of making arguments successfully in a court room. Talk to us today about family court proceedings. We will, of course, go through the process in full with you.

On this page, we have spoken about court proceedings, but we encourage you to explore out-of-court solutions for your divorce, separation or child arrangements.

Together with around 6,500 other family lawyers and professionals, we are members of an organisation called Resolution. Resolution members are committed to resolving family disputes in a constructive way and we follow a Code of Practice that promotes a non-confrontational approach to family problems. Resolution encourages solutions that consider the needs of the whole family and are particularly focused on the best interests of the children involved.

Today, more than four out of five divorce cases will not end up in court. Indeed, the family law courts actively encourage people to resolve issues in a non-adversarial way. The many benefits of doing so include:

• reduces time and cost
• avoids the stress of going to court
• helps to avoid rifts developing between the parties
• benefits future communication and relationships
• have a much higher success rate and
• helps you simply bring an end to your dispute

At Belderbos Solicitors, our highly experienced and qualified team are specialists in helping you to avoid court and complete a divorce or separation without the cost, stress and confrontation of that process.

A court order can be used to determine how a child will spend time with each parent after separation or divorce (previously known as a custody order). This is what a child arrangements order (CAO) typically covers:

• Living arrangements – where your child or children will live, whether it’s with one parent primarily, or splitting time between both parents’ households
• Contact arrangements – how much time your child spends with the mum or dad they don’t live with. This can include details like weekdays, weekends, holidays and special occasions
• Communication arrangements – outlining preferred methods of communication between parents regarding your child or children, for example phone calls or digital channels such as WhatsApp or text messages
  Sometimes, one parent will want to relocate with the child or children. If a couple cannot reach an agreement amicably, the mum or dad who wants to relocate can apply for the court’s permission, or the remaining parent can ask the court to stop the move.

The court must then decide the issue based on what would be in the child’s best interests. In doing so, it will weigh up considerations including the motives for the move, the resultant lifestyle of the child, how the child feels about the move and how it may impact their relationship with the remaining parent.

The law governing child relocation can be complex and difficult to navigate, with different rules applying to proposed moves within this country and overseas. Our specialist children and family solicitors will comprehensively advise you on your options and work hard to ensure your interests and the welfare of your children are protected at all times.

In the meantime, here are some key points to remember about child arrangements orders

• Issued by the court – an order is only granted after an application is made to the family court, and a judge determines what is in the child’s best interests
• The primary focus on child’s well-being – the court makes the child’s welfare its priority when making decisions about living and contact arrangements
• Flexibility – CAOs can be modified in the future if circumstances change, again through the court process
• Not a one-size-fits-all solution – each order is unique to the situation and tailored to meet the specific needs of the family involved

A Prohibited Steps Order (PSO) restricts a parent from taking a specific action regarding the child. The types of activity that can be prevented include

• taking the child overseas
• removing them from nursery or school
• changing a child’s last name

In simple terms, the PSO stops a parent from doing something regarding a child, as set out in the order, without the court’s consent.

There may be a particular issue you need to address when considering your children in divorce proceedings. Specific issues include:

• consent to travel overseas
• the school they attend
• the last name the child is known by

You may need to go through the family court to establish parental responsibility, giving a mum, dad or other relative legal status to decide on important matters, such as the child’s education or medical treatment.

When we say a person has parental responsibility, we mean they are responsible for the boy or girl’s care and wellbeing and are expected to make important decisions about the child’s life.

In UK law, all biological mothers have parental responsibility for their son or daughter from the moment of birth. This can be removed if the child is adopted or is born through surrogacy.

A father also has parental responsibility in these circumstances

• he was married to the mother at the time of the child’s birth
• he is named on the birth certificate
• he is later added to the birth certificate when the birth is ‘re-registered’
• he has entered into a parental responsibility agreement with the child’s mother
• if he has what was called a ‘residence order’ for the child, that was made beforehand 22 April 2014, or
• if he has a ‘child arrangements order’ which states his son or daughter ‘lives with’ him

If none of the above apply, the father can apply for a standalone parental responsibility order. Other connected adults, such as a child’s step-parent or a second female parent, may also be able to apply for a PRO.

They will consider the Welfare Checklist which includes:

• your child’s own wishes and feelings
• their physical, emotional and educational needs
• the likely effects any changes may have on your son or daughter
• your child’s age, gender, characteristics and background
• possible risk of harm to your child
• your and your ex-partner’s ability of parents to meet the child’s needs
• orders the court has the power to make

Before applying to court, explore alternative dispute resolution methods, such as mediation, arbitration and collaborative family law, which can be faster and less stressful

Your wait for an outcome for your application to court may be a long one. With a backlog in the courts, a wait of 12 months for a decision to be made is common. Consider how swiftly you want a decision when seeking a court order

You can find the relevant application forms and guidance on this UK government website, but we recommend you seek legal advice and support to complete and submit them. Work with our team of child and family law solicitors to make sure you provide all the necessary information

If you are applying for a child arrangements order, your child’s welfare will be the court’s priority. Your wishes on sensitive issues such as time spent with your child will be taken into account, but ultimately the judge or magistrate will put the child first and this may not be the outcome you desire

Belderbos Solicitors offers a free discovery call to help you think clearly and decide on the right options for you. We do this to ensure people do not see cost as a barrier to getting good legal advice at the beginning of divorce or separation proceedings