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Cheshire
CW95JE

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Children

The Courts need not be involved with decisions over children if you and your ex-partner are able to make arrangements yourself. Sometimes the parties are unable to reach agreement at all and at other times there are just some outstanding issues in relation to children. In some situations mediation can help but in other situations when agreement simply cannot be achieved then an application to the Court would be necessary.

My Child wants to live with me!
All the issues would be taken into account and a Case Officer (Court Welfare) have to see the child.

Deciding whether any Orders should be made, the child`s welfare. It will be the Court`s paramount consideration and thereafter it will have regard to what is called the `Welfare Check List` which is:-

1, The ascertainable wishes and feelings of the child concerned (considered in the light of the child`s age and understanding).
2, The child`s physical, emotional and education needs.
3, The likely effect on the child of any change in his/her circumstances.
4, The child`s sex, age background and any other characteristics which the Court considers relevant.

Any harm which the child has suffered or is at risk of suffering.

How capable each of the child`s parents and any other person in relation to where the Court considers the question to be relevant is meeting the child`s needs.

The range of powers available to the Court under the Children Act in the proceedings in question.

All the check list is considered.

The Judge would not see the child unless there were very very exceptional circumstances.

The proceedings of issue. The Court can direct that a CAFCASS Officer investigate the case and prepare a report. The CAFCASS Officer would give the views of the Court and his report would carry great weight in assisting the Court with it`s decision.

My ex-partner won`t see the children, can I force him to?
Unfortunately if an ex-partner does not want contact there is no Order that can be applied for that will require him to have contact with the children.

My ex-partner won`t pay maintenance for the children / what can I do?
The CSA now has jurisdiction for child maintenance and you should make an application to them immediately. If the children in question are step children then an application to the Court is necessary.