Children CLICK TO PRINT

Flow Chart of Applications regarding Children
 1

Applicant files application at Court and serves upon the other party:

In the Royal Court use Form C

In the Magistrate’s Court use Form CF1

 
2

Court will consider:

• Whether Safeguarder should be appointed.

• Whether Position Statements should be filed.

• Interim contact, and whether there are any relevant allegations of domestic abuse or violence which are likely to affect the ultimate outcome of the case. If so, Court may fix a Finding of Fact Hearing. See Domestic Abuse & Violence.

 
 

If Safeguarder appointed:

 
3

Position Statements filed.

 
4

Finding of Fact hearing fixed, if appropriate.

 
5

Safeguarder will:

• Meet the parties, usually separately.

• Contact all relevant agencies, for example, Police, HSSD.

• Meet the children, if appropriate.

 
6

In the absence of any agreement, Safeguarder files at Court and serves on the parties a detailed report setting out the background, current circumstances and detailed recommendations.

 
7

Possibly further directions hearing.

 
8

Trial - Witnesses called and Court decides application, taking into account Welfare Checklist.

 
 

If Safeguarder not appointed:

 
3

Position Statements filed.

 
4

Finding of Fact hearing fixed, if appropriate.

 
5

Possibly further directions hearing.

 
6

Trial - Witnesses called and Court decides application, taking into account Welfare Checklist.

 
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