glossary of court terms

Cafcass

Cafcass is an independent organisation tasked with looking after the interests of children involved in family proceedings.  Cafcass work with children and their families and advises the court on what it considers to be in the children’s best interests.

Cafcass Report (a Section 7 Report)

This is a report which the court may ask Cafcass to prepare to help it decide the outcome of the dispute about your child(ren).  A Cafcass officer will prepare this report after meeting with both parties (mum and dad) and the child(ren).  The Cafcass officer will make recommendations about what s/he thinks is in the best interests of the child’s welfare.

Cafcass safeguarding letter

This is a letter a Cafcass officer will write and send to you and the court before your first hearing.  The Cafcass officer will make brief recommendations about what s/he thinks is in the best interests of the child’s welfare.

Child Arrangements Order 

A Child Arrangements Order is an order that regulates with whom a child is to live, spend time or otherwise have contact, and when a child is to live, spend time or otherwise have contact with any person.  Each Child Arrangements Order is decided on the circumstances of the individual family and on what is in the best interests of that particular child.  Child Arrangements Orders are governed by section 8 of the Children Act 1989.

C100 application form

This is the form you must fill out in order to apply for a court order to make arrangements for a child or resolve a dispute about their upbringing.  This includes an application for a Child Arrangements Order, a Prohibited Steps Order, and a Specific Issue Order.  The form can be can be downloaded from www.justice.gov.uk.

DRA

Dispute Resolution Appointment – typically, this is the second court hearing you will attend where a child arrangements order has been sought.  The court will try to narrow the issues in dispute by hearing evidence from you and your ex-partner, and consider any reports it has ordered to be prepared by Cafcass or the local authority.

Fact-Finding Hearing

A Fact-Finding Hearing is the name given to a court hearing where the judge will determine if certain allegations are true or false.  For example, if either you, your ex-partner, or Cafcass (in their safeguarding letter), raise issues about domestic abuse, the judge may order a Fact-Finding Hearing to decide whether these allegations are true or not.

FHDRA

First Hearing Dispute Resolution Appointment - this is the first court hearing to help decide the dispute about your child(ren).

Final Hearing

This is the hearing at which the court will make a final Order in relation to your child(ren).

Mediation

An out of court meeting - a trained person called a ‘mediator’ will help you assess whether you can resolve your dispute without going to court.

MIAM 

Mediation Information and Assessment Meeting (a MIAM) - you are legally required toconsider mediation before applying to the court to resolve a dispute about your child(ren).  This means that before submitting your application, you must attend a MIAM to find out about mediation and see if mediators can help your sort out arrangements for the future.

Parental Responsibility

In practical terms, parental responsibility means the power to make important decisions in relation to the upbringing of a child.

Position Statement

A written statement in which you can set out what you want to achieve at the court hearing.  On the day of your first hearing (the FHDRA), you can provide a copy of this statement to your ex-partner before the hearing begins.  This may help bring your case to an early finish if your ex-partner accepts your position.

Prohibited Steps Order

A Prohibited Steps Order is an Order granted by the court preventing a parent from doing certain activities or events or making specific trips with their child(ren) (such as travelling outside of the UK).

Scott Schedule

A Scott Schedule is a schedule or table which is used in court proceedings in the Family Court in order to clearly set out the allegations which are in dispute.  The judge will make directions for parties to submit a Scott Schedule, where necessary, and this will generally be required in advance of a Fact-Finding Hearing.

Special Guardianship Order

Special Guardianship is an Order made by the court that places a child to live with someone who is not the child’s parent on a long-term basis.  This could be a grandparent, close relative or a family friend.  That person becomes the child(ren)’s “Special Guardian” and has parental responsibility for the child.

Specific Issue Order

This is an order granted by the family court to decide a specific issue being made over children where parents cannot agree.  For example, the court can make an order deciding whether one parent can change the child's name, or where your child should go to school.

Witness Statement

A witness statement is a document setting out the evidence of the person writing the statement. The person who writes the evidence must sign the statement to confirm it is true. The court may order you to make a written statement based on your evidence setting out what you wish to say to the court.

Oral submissions

The judge may ask you to make an 'oral submission' in a court hearing.  This means the judge wants you to speak in court about a particular issue concerning your child(ren).

Section 37 Report

If the court thinks your child(ren) may have suffered significant harm due to lack of care or abuse, it may ask the local authority in your area to investigate your child(ren)’s circumstances.  The local authority will then write a Section 37 Report, which the court will use to help it decide whether it should take further steps to protect your child(ren).