The parent that is making an application to the court will have to complete a form setting out the order which he or she seeks. It should be sent to the courts which will then dispatch a copy to the other parent.
There will be a preliminary hearing when the Judge considers matters and makes appropriate directions for the continued conduct of the case. Both parties are usually asked to see a Court Reporter at court and that person will try to encourage them to reach an agreement. If no agreement is possible the court will make directions which may include ordering the preparation of a CAFCASS report.
There is likely to be a further court hearing and if agreement cannot be reached the Judge will allocate a final hearing to resolve the application. At the final hearing the Applicant and his/her witnesses will give evidence to the court as will his/her former partner and the Judge will reach a decision by applying the principles which we have already explained.
Public Law
Sometimes social services departments or other organisations become involved with families where they believe that the children are at risk. In such circumstances they can make applications to the court and those applications are dealt with in accordance with the principles referred to earlier in this text.
