Family Law

Family law is divided into public and private law cases. Public law cases involve local government and other public authorities and include matters such as care of children, supervision and emergency protection orders. Private law cases involve divorce proceedings and access to children by the parents concerned.

When reaching a decision on cases concerning children, the court will make an order only if satisfied that this action is positively better for the child than making no order. In private law cases the child is able to express his or her opinion. In public law cases the child is represented by a social worker appointed by the court to safeguard and promote the welfare of the child.

Everybody involved in the court proceedings has access to the relevant information before the case is heard and all are expected to reveal their arguments and evidence in advance. Parents have the legal right to immediate legal aid without a means test in all public law cases involving applications for supervision, care, child assessment orders and emergency protection proceedings.

Most private law cases involving children and families are heard in the county court by judges who are specially trained and experienced in applying family law. Most public law cases take place in family proceedings courts which are part of the magistrates' courts. The cases are heard by magistrates who are specially trained in family and child matters. Some public law cases which are exceptionally important or complex are dealt with by the county court or the High Court.

Most court cases involving children concern private disputes between parents - often after separation. There are a variety of orders open to the court. These include:

· a residence order saying where the child should live;

· a contact order, which may require the

· person with whom the child is living to let the child have contact with the person named in the order;

· a prohibited steps order - if one partner objects to something that the other is doing concerning their child, he or she can apply for this order to stop the other parent from taking the action outlined in the order without getting the court's permission first; and

· a specific issue order, which settles disputes between former partners about certain aspects of their child's upbringing.

There are two other private law orders that a court may make. If an unmarried father cannot reach a private agreement with the child's mother, he may apply to the court for an order giving him parental responsibility for his child to be shared with the mother.

In certain cases a court can make a family assistance order which requires a local government authority or court welfare officer to give a family help and support; this type of order is made only where the court is hearing an application for another order.

Legislation entrusts local government authorities with the task of safeguarding and promoting the welfare of children in need in their area. If the authority feels that a child is in danger from the family situation, it is legally obliged to step in, even if the parents disagree. If it cannot get the parents' agreement for certain action that it wants to take, it must seek a court order before taking action. In all cases parents have the right to put their case in court and to be involved in decision-taking about the child's welfare if he or she is being looked after by the local authority. The welfare of the child is paramount in such cases.

If the court is satisfied that a child is suffering significant harm from inadequate parental care or control, it can place the child under the supervision of a social worker.

If a child fails to attend school on a regular basis, the local government education authority may apply for an education supervision order, placing the child under the supervision of an education welfare or social worker.

On a few occasions parents are not able to give the care and protection that every child needs and may even be harming the child. The local authority can apply to a court for him or her to be taken into care and, in extreme emergencies, can have the child removed from home immediately for eight days under an emergency protection order.

If a social worker is concerned about a child's

welfare and there is insufficient evidence to apply for a care order, he or she can apply to the court for an order requiring a medical, psychiatric or other assessment during a period of seven days.

Дата добавления: 2014-12-17