Private Children Hearings in the Family Court: What Parents Need to Know
When parents separate and cannot agree on arrangements for their children, the Family Court may be asked to make decisions about what is in the child’s best interests.
These cases are known as private children proceedings because they usually involve disputes between individuals, such as parents or other family members, rather than applications brought by public authorities such as social services.
A private children hearing can feel unfamiliar and stressful. Understanding how the process works, what happens during hearings and what the court considers can help parents approach proceedings with greater confidence.
What Are Private Children Proceedings?
Private children proceedings are cases where family members ask the court to resolve disagreements about a child’s upbringing.
Common issues considered by the court include:
- Where a child should live
- How much time a child should spend with each parent
- Whether specific decisions about a child’s upbringing should be made
- Issues involving parental responsibility
- Concerns about a child’s welfare or safety
The court’s main consideration is always the welfare of the child. The focus is not on deciding which parent is “right” but on determining arrangements that best support the child’s needs.
What Is a Private Children Hearing?
A private children hearing is a court hearing where a judge or magistrates consider issues relating to a child following an application made by a parent or another person with an interest in the child’s welfare.
Family Court hearings are generally more informal than criminal court proceedings and are designed to deal with sensitive family matters in a way that focuses on the needs of children and families.
A hearing may be required where parents cannot reach agreement through discussion, mediation or other forms of negotiation.
What Types of Orders Can the Court Make?
In private children cases, the court can make several types of orders depending on the circumstances.
Child Arrangements Order
A Child Arrangements Order sets out arrangements for:
- Who a child lives with
- Who a child spends time with
- When contact takes place
- How arrangements should work in practice
This replaced the previous concepts of “residence” and “contact” orders.
Specific Issue Order
A Specific Issue Order allows the court to decide a particular question about a child’s upbringing.
Examples may include decisions about:
- Education
- Medical treatment
- Relocation
- Religious upbringing
Prohibited Steps Order
A Prohibited Steps Order prevents a parent from taking a specific action relating to a child without the court’s permission.
Examples might include preventing:
- A child being removed from the country
- A major decision being made without agreement
- A change to important arrangements
What Happens Before a Private Children Hearing?
Before making an application to the Family Court, most people are expected to attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption applies.
A MIAM provides an opportunity to understand whether mediation or another form of dispute resolution may help resolve the disagreement without court proceedings.
If court proceedings are necessary, the application is usually made using the relevant court forms, and the court will set directions for how the case should progress.
The First Hearing: What Happens?
The first hearing in private children proceedings is often an opportunity for the court to understand the issues and decide how the case should move forward.
The court may consider:
- The concerns raised by each parent
- Whether agreement is possible
- What information is needed
- Whether further reports are required
- Whether any safeguarding issues need investigation
The judge may encourage parents to reach agreement where possible, as resolving matters outside a contested hearing can often be less stressful for children.
What Role Does Cafcass Play?
The Children and Family Court Advisory and Support Service (Cafcass) plays an important role in many private children cases.
Cafcass officers help the court by:
- Advising on issues affecting children
- Speaking with parents
- Assessing concerns about welfare
- Making recommendations where appropriate
The court may consider Cafcass advice when deciding what arrangements are in a child’s best interests.
Will My Child Have to Attend Court?
Children do not usually attend court hearings themselves.
However, the court may consider a child’s wishes and feelings depending on their age, understanding and circumstances.
In some cases, arrangements may be made for a child’s views to be obtained through professionals such as Cafcass or through other appropriate methods.
The court aims to ensure that children’s voices are considered while protecting them from being placed in the middle of parental disputes.
What Evidence Is Considered by the Court?
The court may consider a range of evidence when deciding child arrangements.
This can include:
- Statements from each parent
- Information from Cafcass
- School or medical information where relevant
- Evidence relating to safeguarding concerns
- Details of existing arrangements
- Other relevant documents
Where there are disputed allegations, the court may decide that further investigation or a fact-finding hearing is required before making final decisions.
What Happens If There Are Allegations of Domestic Abuse?
Where allegations of domestic abuse are raised, the court must carefully consider how these issues affect the child’s welfare and whether additional safeguards are required.
The court may need to determine disputed allegations through a fact-finding hearing before deciding what arrangements are appropriate.
Every case is considered individually, and the court’s priority remains ensuring safe and appropriate arrangements for the child.
How Long Do Private Children Proceedings Take?
The length of private children proceedings varies depending on the complexity of the case.
Factors that may affect the timescale include:
- The number of issues in dispute
- Whether safeguarding concerns are raised
- Whether expert evidence is required
- Whether parents can reach agreement during the process
- Court availability
Some cases can be resolved relatively quickly, while others may require several hearings before a final decision is reached.
Can Parents Reach an Agreement During Proceedings?
Yes.
Many cases settle before reaching a final hearing.
Parents may reach agreement through:
- Discussions between solicitors
- Mediation
- Negotiation during court proceedings
- Discussions encouraged by the judge
Where agreement is reached, the court may be able to approve the arrangements without requiring a fully contested hearing.
What Happens at a Final Hearing?
If parents cannot agree, the case may proceed to a final hearing.
At the final hearing:
- Each party may present their evidence
- The court considers the relevant information
- The judge makes a decision based on the child’s welfare
The court will then make an order setting out the arrangements that should apply.
Do I Need a Solicitor for a Private Children Hearing?
You are not legally required to have a solicitor, but family law proceedings can involve complex legal issues and difficult emotional circumstances.
A family solicitor can help you:
- Understand your legal position
- Prepare court documents
- Present your concerns clearly
- Respond to allegations
- Negotiate child arrangements
- Represent you at hearings
Professional advice can help ensure that the court receives a clear understanding of your position and your child’s needs.
Frequently Asked Questions
Are private children hearings confidential?
Family Court proceedings involving children are generally private because they involve sensitive information about children and families. There are rules about who can attend and what information can be reported.
Do I have to attend a private children hearing?
If you are involved in court proceedings, you will usually need to attend hearings unless the court directs otherwise.
Can a child decide which parent they live with?
A child’s wishes and feelings may be considered, depending on their age and understanding, but the final decision is made by the court based on the child’s welfare.
Can private children proceedings be avoided?
In many cases, parents can resolve issues through mediation or negotiation. However, where agreement cannot be reached, the court can provide a framework for resolving disputes.
Enquiries
If you have an enquiry relating to the above-mentioned subject please feel free to contact Dominic Levent Solicitors:
Phone Number: 0208 347 6640
Email: enquiries@dominiclevent.com