For you as a parent, the process of applying to the family court is probably completely unknown. Here at Children in the Middle we try to explain the family court’s processes so that you as a parent are better informed of what will happen.
If you apply to the family court for an order about the care of your child, the first issue the court considers is domestic abuse.
Domestic abuse is a wide range of behaviour including violence, sexual, verbal, economic, emotional and psychological abuse by one parent against the other parent and/or the children.
Before the first hearing the court will find out through Cafcass and the safeguarding letter whether either you or the other parent allege that domestic abuse was a feature of your relationship.
The Cafcass safeguarding letter will also provide a summary of police and social services records for your family.
If you want more information about the Cafcass safeguarding letter please have a look at our earlier blog https://childreninthemiddle.co.uk/what-is-a-cafcass-safeguarding-letter/
If you or the other parent raise domestic abuse as an issue, then the court has to follow something called Practice Direction 12(J). This is a set of guidelines and rules the court has to follow where domestic abuse is raised by one party in the case. For more information about Practice Direction 12(J) please read our earlier blog https://childreninthemiddle.co.uk/what-is-practice-direction-12j/
If you need legal advice about your court case, contact us at office@citmchambers.co.uk or call us on 0117 214 1797.