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Firstly is the principle that any delay in determining a question can be prejudicial to the child. The Court will therefore take control of the proceedings and provide a timetable which all parties must adhere to. This is the 'no delay' principle.

Another principle that will be followed is the 'no Order' principle. The Court will only make an Order if it considers that doing so would be better for the child than making no Order.

Imbedded in the Children Act is the belief that children are generally best looked after within their family, with both parents playing a full part in their upbringing. Parents are encouraged to make every effort to agree the arrangements for their children between themselves, use mediation when necessary, and only resort to the Courts when everything else has failed.

When children are of sufficient age and understanding, they should always be consulted and always kept informed about what will happen to them. Parents and the children's wider family circle (grandparents and other relations) should continue to have a role to play in the lives of their children even when they are living apart from them. This contact should be safeguarded by each parent.

The court is required by Section 1(3) of the Act to have regard to a number of matters before deciding on whether to make or vary an Order. These are:


1.The ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)
2.His physical, emotional and educational needs
3.The likely effect of any change in his circumstances
his age, sex, background and any characteristics of his which the court considers relevant
4.Any harm which he has suffered or is at risk of suffering
5.How capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs
6.The range of powers available to the court under this Act in the proceedings in question.

Before making an order the court will in most cases direct that a welfare report be provided by the Court Welfare Service (CAFCASS). Where issues of child protection are involved a report from Social Services may also be required. The Court Welfare Officer will always have consideration of the above factors when making the report.

The Court may only make the following Orders in disputes between parents. These are known as Section 8 Orders:

Residence Order
Contact Order
Prohibited Steps Order and
Specific Issues Order

The procedure which the Court will follow is much the same whether the application arises as part of divorce proceedings, or on breakdown of a cohabitation.

1. The first step is the filing with the Court of an application seeking the Order required.
2. A copy of the Application is then sent by the Court to the Respondent. The Court will then fix a directions hearing.
3. Either immediately before, or shortly after the directions hearing, the parties will be encouraged to meet with a mediator.
4. The directions appointment is before a judge. If as a result of mediation, agreement has been possible, then an appropriate Order will be made. If matters can not be agreed, the Court will order the filing of statements, and the appointment of a Court Welfare Officer. There is likely to be a delay often of 3 months in preparation of the welfare report. If necessary the Court will make an interim order during this time.
5. Once the welfare report is ready, a Hearing will be fixed, and appropriate Orders made. In most [but not all cases] the Court will follow the recommendations in the Welfare Report.

A full consideration of the Orders available to the Court and the matters which will be taken into consideration with the various presumptions which might apply are contained in our DIY Children Proceedings Kit and our various audio talks.