Using the courts
The family courts can make orders which affect a person's legal status e.g. divorce and adoption. They can also help resolve disputes by making decisions and orders. This page explains how you can resolve disputes without courts and when you need to go to court.
The courts and arrangements for children: contact and residence
When you need to go to court
The courts and arrangements for children: contact and residence
Most parents make their own arrangements for their children without the need to involve people outside the family. There are booklets called Parenting Plans which help you think and talk about the issues to consider. Others seek help from solicitors, through mediation or family therapy. Couples who make their own arrangements are generally more satisfied with them. In a small minority of cases (about 1 in 10) people cannot agree about arrangements for their children. In this small minority of cases they go to court. Even where one parent has made an application to court, it may be possible for the parents to reach agreement about the care of their children with the assistance of a CAFCASS practitioner or a local mediation service. The court may direct the parties to discuss their dispute with one of these professionals. If they reach an agreement the court makes any appropriate orders. If they do not agree, the matter returns to the court for the court to hear the dispute and make decisions and section 8 orders.
When you need to go to court
- For issues concerned with status such as divorce, dissolution, care orders and adoption a court order is essential.
- Where the breakdown of a relationship involves violence, abuse or harassment, the protection of a court order (an injunction) may be necessary. Breach of an injunction can lead to the offender being imprisoned.
- Where you cannot reach an agreement, the court can make rulings and orders about the dispute.
- If you want to have your agreement approved and made into a legally binding court orders.
- For arrangements about the division of property or pensions
Courts are also involved in many other cases other family cases referred to them but it is not always essential to obtain a court order.