Court proceedings

Court proceedings about a child are usually brought by one parent, against the other, after a divorce or separation. Sometimes it can involve other significant adults in a child’s life.

You may already be involved in, or have the possibility of being involved in, a court case. Perhaps you are even years into a court battle over your children.

In technical terms, these applications are brought under the Children Act 1989, legislation governing the decisions a court can make about a child’s life.

The decisions a Judge could make about your child can really affect them and your relationship with them. These range from changing your child’s name, agreeing to medical treatment, which school your child attends, who your child lives with (residence order), who they spend time with (contact or access order), shared care, change of residence and whether your child can live in another country.

Your case may be before Magistrates, a District Judge, a Circuit Judge or a High Court Judge. The government has laid out one process for all cases, but not all cases fit this model.

It may be that the court social workers, Cafcass, are involved in your case, or perhaps an Independent Social Worker. Other expert evidence may also be required, for example, a psychotherapist or psychologist.

The key thing is that every case is different. As experts in this field, we can give you specialist legal advice based on your individual circumstances.

As barristers, we can provide you with experienced representation for every stage of the proceedings, from initial advice, drafting an application to the court, representation at hearings and preparation of witness statements and evidence. We will be able to explain the court proceedings and system to you, so that you have a clear understanding of what to expect.