Page 35 - Federation Magazine: April/May 2018
P. 35

Making arrangements





       for your children after





       separation








       By Kaleel Anwar,                     I want to make an application to the Family   My ex-partner has been violent towards me
       associate in family law at           Court – what do I need to know?     – will the court take this into account?
       Slater and Gordon                    If you do decide to make an application, you   The Family Court takes any domestic
                                            must have attended an initial meeting with   violence extremely seriously. The court may
 Going  Call us   Afamily break up or       and Assessment Meeting (MIAM). Such a   hear the allegations of domestic abuse and
                                                                                set up a ‘finding of fact’ hearing so it can
            nyone who’s
                                            a mediator called a ‘Mediation Information
            experienced a
                                                                                decide whether contact is in the children’s
                                            meeting may not be necessary if you’ve been
                                                                                best interests. A court also has the power to
                                            the victim of domestic violence. Once the
       has lost contact with their
                                                                                order a party to attend a domestic abuse
                                            court has your application, it’ll refer your
       children knows how
 through a  before your   difficult life can be.  case to CAFCASS and set a date for the first   perpetrator programme. These courses help
                                                                                people who’ve been abusive to partners to
                                            hearing.
          It’s often extremely upsetting for

                                                                                change their behaviour and develop
       everyone involved, especially the children.
                                            What is CAFCASS?
                                                                                respectful, non-abusive relationships.
                                            It stands for the Children and Family Court
       They’re in the middle of the dispute between
                                                                                How will the court make a decision about
       their parents and are often most harmed by
                                            Advisory and Support Service. It’s
 divorce? ex does.  the ordeal.             independent of the court and social services.   my children seeing my ex-partner?
                                                                                The law makes it very clear that the welfare
                                            It’s there to help you and your ex-partner
          It’s helpful for parents to try and see

                                                                                of the children is the court’s paramount
                                            reach a safe agreement about the
       issues from their children’s perspective. Most
       children want to maintain a relationship
                                                                                what’s best for your children. It puts the
       with both of their parents and they want   arrangements for your children. Before the   consideration. Any order is an assessment of
                                            first hearing, it’ll carry out background safety
       their parents to try and reach agreement.  checks with the police and social services to   children at the heart of the decision. The
          Here are a few answer to some of the   find out if there are any safety or welfare   Family Court will take into account the
 We’ve been working with the   most frequently asked questions:  issues connected to your family. A worker   evidence from you, your ex-partner and the
 Police Federation for over fifty   I can’t agree the contact arrangements with   from CAFCASS will also telephone you and   recommendation made in the CAFCASS
 years – longer than any other   my ex-partner. What should I do?  your ex-partner to find out more about the   report. Quite often, the views of older
 firm. No one understands   It might be that you need a little extra help   current circumstances.  children will carry a lot of weight.
 better the unique pressures of   to reach agreement about your children and   What happens at the first court hearing?     Our award winning team has years of
 police work, and how to protect   one option would be to think about   The aim of this hearing is to see whether it’s   experience representing parents who are
 your rights – especially your   mediation. A mediator is an independent   possible for you and your ex-partner to make   going through children disputes to secure
 pension. If you’re going through   person who helps people without being on   a safe agreement for your children which the   the best possible outcome. If you’d like
                                                                                specialist advice from a family lawyer please
 a divorce, we offer a free initial   anyone’s ‘side’. There are other options such   court could approve. The court will also try   contact Slater and Gordon on 0808 175 7710
                                            and narrow down the issues between you. A
       as the Separated Parents Information
 Kaleel Anwar   consultation, fixed fee packages,   Programme (SPIPs). This is a course that’s   CAFCASS worker and the judge will speak to   and we’ll be happy to help.
 Associate in Family   discounted rates and flexible   designed to help parents become clear   both parents. Sometimes it’s possible to
 Law at Slater and   payment options plus give you   about what their children need most from   reach a satisfactory agreement and a final
 Gordon  access to some of the country’s   them and learn the fundamental principles   order could be made at that hearing. If no
 best family lawyers.  of how to manage conflict between   agreement can be reached, the court will ask
       separated parents. It shows parents practical   CAFCASS to do a full report which will involve
 If you think we could help, call us   solutions to help their family make the best   making detailed enquiries which will involve
 on 0808 175 7710  decisions for their children.  a worker meeting with your children.
 slatergordon.co.uk/police-law
 Offices throughout the UK.






          www.westmidspolfed.com                                               federation April/May 2018      35
 Slater and Gordon (UK) LLP is authorised and regulated by the Solicitors Regulation Authority.
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