User:S.tollyfield/The Child Arrangement Programme

Child Arrangements Programme

Purpose

The Child Arrangements Programme is the current arrangements in English Law in respect of child contact disputes designed to assist families to reach safe and child-focused agreements for their children, where possible out of the court setting. (It was created by Practice Direction 12(B): (CAP 2014) issued on 22 April 2014.) Where families are unable to reach agreement, the Child Arrangements Programme encourages swift resolution of the dispute through the court.

Overview

Pre-application requirement to attend Mediation Information and Assessment Meetings

An applicant for a Child Arrangements Order is expected to attend a Mediation Information and Assessment Meeting before issuing proceedings unless:

1. There is evidence of Domestic Violence
2. There are Child Protection Concerns
3. It is a matter of urgency
4. There has been a previous attendance at a MIAM in last 4 months

Legal Aid may (subject to means) be available for Mediation Information and Assessment Meetings

A list of recommended advice and support services is provided

Restricted use of review hearings

FLOWCHART

Mediation

Prospective respondent expected to attend MIAM (Can be same or separate MIAM to applicant): para 5.9 Court to consider non-court dispute resolution at every stage: para 6.1 Allocation & Gatekeeping Urgent applications just listed – but Gatekeeping can be considered by the judge after the urgent issues have been resolved: para 12.5 All other cases considered by Gatekeeping team: part 9 Allocation decision based on; Need to avoid delay: para 11.2(1)(a) Need for judicial continuity: part 10 Complexity: para 11.2(1)(b) Location of the parties Need to make most effective and efficient use of local judicial resource: para 11.2(1)(e), AND Criteria contained in allocation schedule Timetable for the Child – part 15 The concept of timetable for the child taken from PLO and incorporated into CAP The Court shall at all times have regard to the impact which the court timetable will have on the welfare and development of the child. Particular attention shall be paid to the child’ age and important landmarks, including; The child’s birthday Start of school/nursery End of school term Proposed change in school Any significant change in the child’s family or social circumstances. FHDRA: part 14 First Hearing Dispute Resolution Appointment – Between week 5 – 6 of issue: para 14:1 CAFCASS in attendance: para 14.6 The court will seek to assist the parties in conciliation and in resolution of all or any of the issues between them: para 14:11 Directions given for the future resolution of any remaining issues – on Form CAP02 Each decision should be assessed on its impact on the child and the timetable for the child: para 15.2 Directions Consider; What issues are agreed and what key issues are there to be determined Are the safeguarding checks complete? Is fact finding hearing required Any interim orders which can useful be made What directions are required to ready case for DRA or Final Hearing Should the case be listed straight through to Final Hearing DRA: part 19 Dispute Resolution Appointment Para 19: 3: At DRA the court will; Identify the key issues to be determined and the extend to which those issues can be resolved or narrowed at the DRA Consider whether the DRA can be used as a final hearing Resolve or narrow the issues by hearing evidence Identify the evidence to be heard on the issues which remain to be resolved at final hearing. Give final case management directions for filing of final evidence Prescribed forms CAP01 – Form to be used upon allocation (only used if urgent, if MIAM directed or need for evidence by FHDRA) CAP02 – Form to be used at FHDRA CAP03 – Form to be used at DRA CAP04 – Form to be used when final orders are made Child Arrangement Orders Residence Orders and Contact Orders are abolished – section 12 Children and Families Act 2014 Replaced by Child Arrangement Orders The child shall spend time with X The child shall live with Y The child shall have indirect contact with Z

Applicable to all Public and Private law matters

Ability to consider making Parental Responsibility Order without application

Reviews Cases should not be adjourned for a review of contact or other arrangements unless such a hearing is necessary and for a clear purpose that is consistent with the timetable for the child and in the child’s best interests: para 15.3 Consider orders that step or phase-in child arrangements: para 15.4 When active monitoring is needed consider Family Assistance Order or S11h order for CAFCASS to monitor: 15.5

External links

• The Child Arrangements Programme