Court Proceedings

The courts will always want to see evidence that you have tried mediation first, and made your best efforts to resolve matters in the interests of your children. Read more about mediation here

If an agreement, which is not in the child(ren)’s best interests, is not forthcoming then application to the Court may be necessary. This can feel both daunting and upsetting and at ORJ, our specialist family solicitors will advise and support you at every stage.

A child’s mother, father or anyone with parental responsibility can apply for a Court Order. Grandparents or other important family members may also apply, but they will need to seek permission from the courts first, you can read more here

The specific application to be made to the Court will depend on the circumstances of your case. The Court has the power to make varying Orders concerning Children, including but not limited to:

• Child Arrangements Order
• Specific Issue Order
• Prohibited Steps Order
• Parental Responsibility Order

When considering making an Order in respect of a child, the overriding consideration is “what is in the best interests of the child(ren)”. In answering this question, the court and other professionals will be guided by a Welfare Checklist, which provides a list of criteria. Our solicitors will advise you in greater detail upon this along with the methods undertaken by the Court to assess and consider the checklist.

In the event a Court Order is breached, meaning one party does not comply with the terms, you may wish to seek advice on enforcement.

Our highly experienced family team in Stafford, Telford, Birmingham and surrounding arears take the time to understand your unique situation and advise comprehensively on the options available to you.

Call us now on 01785 223440 to speak with a member of the team or email us.