Hello. Welcome, everybody. My niece after Mahmoud And I'm very pleased to welcome you to today's bites high session through data law today that I'm going to be speaking to you about the procedure in private Children or Casey's. On particularly will be looking at a chart arrangements program, which is practice direction 12 b. So I'll be taking you through how this operates. Hard cap, as we call it for short, operates with particular reference to mechanisms that are in place to ensure that we do effectively resolve disputes. I'll be looking at aspects surrounding, for example, safeguarding. We'll be looking at the various types of hearings through the cap program and the ways in which cases are progressed quiet. So I'm going to be starting in with some general provisions surrounding the Captain Chart Arrangements program. Now, this came to effect as a pack destruction on the 22nd of April 2014. Eso you concede it's been in place now for some five years, and it's strictly referred to his part Destruction 12 B on their foot accomplish the family procedures of 2010. This replaced What we used to have previously non is deep private law problem. Andi Dis applies. The cap applies a cost or private Children or cases across England on Wales on paragraph one. Particular up close especially specifies that it applies whenever do Mrs Dispute between separated parents on families about arrangements concerning their Children's disputes. For example, office So Living Group will spend time without you for child arrangements specifying living real spending time. There was contact with Mrs where this would be applicable on it will also equally be applicable wonders disputes over matters related to, for example, specific issue applications for particular determination and also two steps applications as well as aspect surrounding parental responsibility. For example, money will be applicable in relation to those types of matters. Also now, one of things that you need to be aware off when you are dealing with working with cases through a cap is the fact that the voice of a child is very much within at the remit off the camp around advertising on Children scenes, principally under the Children at Section one subsection one particular, the welfare of a child is to court paramount consideration, and that is really made clear within the cap. When one looks at the need to ensure that the voice of a child is go to the courts for and that's done in relation to what we know about paragraph 4.5 off the Cap Chander interest problem. It's that provides that the court needs to ensure that the chance views our poetry courts mind are both by their child directly. We like to speak to court or through other means, and therefore the views of charter be communicated in a number of ways. First and foremost, of course, by Cath cast offs have provided a court which would set out the child's which convenience may be aware that when they cast gas office all found, a court quarter is doing. The Section seven report after the news perceiving Section seven cultural connection and one of the key things don't be looking at, of course, is the ascertainable wishing feelings of the child considered in light off their age on their understanding. Of course, with that in mind, Section one subsection three of the author checkers would require the calf class report for deception. Sermon called therefore, to set out what be ascertainable wishes of the China might say, considered in light off their age, and they understand that's one very crucial way which divorced the child is brought, of course, for the other, of course, is rare. Children may sometimes be encouraged to write a letter to court, and sometimes that encouragement may come from the pens. Some Children will, of course, wish to communicate Jack and judge the Magistrates, and that's where it may be appropriate to encourage them to writing that. And I'm not encouraging comfort Apparent come from So it's working come from a guardian Catholic officer from lawyers. And as long as the child feels comfortable in doing this, child feels that help them to understand the process and will start to feel that a judge or a magistrate sort of dignifies and will certainly consider weed a multi. That's where it can be enclosed in may not be helpful. So in your circumstances, the other is, of course, Israel Child has made a party to persons that this is when private Children or cases you'll be aware, offer 16.4 of the family procedures of 2010 16.4. It's a specific provision with nerves, which allows Children to join this party's within private law proceedings at 16.4 sets out, the types of situations may be separately absense ineffective being make parties. One is where say, Do is contact has soused all together between, said apparent in a child, or with such a high level of implacable ity between the pie pans, concerned that a child should be having accepted representation from left joint. Sometimes it's where, say, there is a particular course off medical intervention of the white searches proposed where no child is opposing that quarterback. Not quite second representation himself a child by where the child being joined as a party. It may be where they are internationalists. International aspects will say there's an application by a paint for the child to go. The parent all season to reside. Camp early or permanently overseas on that application may be opposed. Body on parents who is presiding getting wells so that also may necessitate in some cases tried to be joined. Never child is joined, then one, they will have their own take back court often Cath, gas officer and a solicitor on the lawyer. Sometimes it may be that they have just one representative, but this one a neighbor also avoids the charge to be put to the court and, fourthly, the other way. Of course it's a child. May in fact meet with the judge in the corners. Would be guidelines for judges meeting Children subject from the proceedings on issues the goddess as about 4.2 10. So some of you no doubt will that cases where Children have met with the judge, what Magistrates out this could be either in private Thompson's public law proceedings like, say, they have actually met the judge. You know, circumstances that's very important. Being mind doctor meeting with judge must not be for the purpose of gathering evidence. Excess, of course, remit the Social Brundle guardian The purpose of the mutinous to enable the judge to be in a situation developed to enable a child to feel that they have bean. Certainly listen to that have been spoken to that they understand the court process, but it's not there to gather evidence. And, of course, it's very important for the child who also understand that even though they may have spoken to judge, it doesn't necessarily mean that judge Let's go. What child is seeking that we got for you to be motive. That more so. So this is where the voice of child case is. Very, very important. Comes too much is through the camp. Now let's say I'm backing for father. Let's say he seeks contact with a child. Sir, Hands will be looking at large in application for Charlie. Arrangements specifies time, otherwise contact with as a pre requisite to logic proceedings. Dave are, of course, the Maya report, Mr Mediation Information and Assessment Requirements, which come to play. Do you see when Andre Christie application that would be completing? You need to confirm that it was either the attendance of the mind by the father away. That a mile exemption applies unless the application is for consent order or the application concerns the child was subjected amounted to ceilings. Keep soon or otherwise, you can see there is a requirement under paragraph fourth cap to ensure that the relevant part of civilian it is completed, showing the either the uptick and had attended a Mayan had not attended, but claims one of these exemptions under 3.8. Now, that's what a court would then do with allocation on gate keeping, so much will be allocated to the appropriate level of judge in family court in accordance with the guidance issued by the president on Allocation gate, Proceed within a part two of the truth inactivated mind that relates to private and also of course would be family court composition. On distribution of business rules of 2014 and also the application shed drops, you can see the guidance for allocation lately set out in two. But you publications as firstly, the allocation gate keeping for persons and part two, uh, gardens and second is a family called composition Distribution. Business Rules of 2014 sandals to documents will set out what positions on occasion. Essentially, what would be happening is the court. Once the matter is that modular course court would be and showing that the gate keeping team after more consists of illegal thousands on the judge will look at the application that's lodged in undecided. What decided after two women should reality to terms with the level of judicial officer I'm dumb in accordance with, as I mentioned, the gardens on location, cakey distribution, family business. Now gatekeepers will shoot directions on issues. There's cases on the main directions, for example, that for completion after the documentation that may well make directions for tennis at Miami. This hasn't been done, for example, and if there are edge of shoes that required determination to take your routine for directions, not for directions for service documentation, the matter will then be listed for what corner for headroom. Must Disney from Adjective Court listed first, which known as the federal that stands for the first hearing Dispute Resolution Apartment and paragraph 14.1, provides that federal may. I would like to say some of these problems Husband Bridge take place within four weeks off issue, but ordinarily it should pay closer no less than five or six weeks for India's should be application. But later you should be looking to ensure doctor growth listed to take place no longer than six months. Actual metric que check by keeping teeth and in readiness for the federal. This is where the cap provides that the court will consider those factors. So depart got 14.13 off the child arrangements problem. The court first and foremost considering readiness for the camp, what position is safeguarding muddies the court one informer parties of the content of the safeguard unnatural report that's provided Celestis felt charge the parties concerned and the purpose of that, essentially to ensure that there was a safeguard Inglaterra done distant theses change two letters we after 30. And the purpose of this, of course, is to ensure that the court has made aware off any involvement by social services or the police and investigations and convictions and cautions which the court should be made worth in relation to the parties concerned. Sort court is allowed to that before they're going on this side. What might made, particularly in promoters for contact or the ones from not defending drug court will also to decide whether or not MR for the type of hearing, for example, maybe that there was a need to consider this matter. Find factory courted practice direction 12 j Practice Traction 12 j specifically sets out the factors which, according to consider in deciding whether to list Imagine finding factor. So let's say it was for father received in contact with a child the mother opposes on the basis that let's say mothers are watching that my father has been volunteering on such occasions, and sometimes she is alleged husband, as we want her in front of Children. So she is disputing court, not lamb contact, in all circumstances. Now, this is where my client father disputes tolls allegations as to domestic abuse. And this is where the court may consider is much for final factor, particularly if the court is satisfied that if the word might find is on any one or more, those allegations that mothers raising that it may well have a bearing on, firstly, the substance of application before the court for contact. And secondly, to feed consideration or type of complex take place in the circumstances. Okay, now, if d say part of information that I mentioned is not that little at first, then the court will often a journey application that substantial application for according to the same gun checks are valuable. Also at the federal court considers whether remind exemption has claimed on with values exemption. Also, whether the court feels that they may be necessary to third parties to further mind and what you have in mind. A lot of films and long court dispute resolution solutions with a court or considered terms off dispute resolution in the circumstances it is necessary, so as I mentioned the application that one would launch to pursue a private Children form C 100 Sometimes your notice that parties may also launched a four C one A. On this is way out of line upon the attention of abuse holes. They are despondent. They are relying upon allegations of domestic abuse. Completing a see when I was also completed where there are allegations as to potential attempted abduction or like a reduction in child in your circumstances, responds they're going to be served response All those parties current responsibility for a child they deserved another party given notice. So if I was active for side of mother received him in order. Under section eight of Mature for private father Charge does not happen interest once contempt charge. And of course, he would not be an alternative respondent. But he is somebody to whom notice given so form c six A, which noticed among parties, will be given to the father and the dancers on the basis that doesn't have parental responsibility. He's the father doesn't notice off. Deep sea is the fee will be payable upon issue notes of acting this far I caught as well as public finance. Difficult confirmation of public funding is made available. Service wouldn't be affected upon. The respondent on one would file a form C nine confirmed that service has been affected. Amanda, which was used respondent, made in completely vile acquittal form C seven, which the acknowledgment confirmed message to where the day will allow the application pursued and whether they are posing. You ought to be made that has been sort of circumstances, I love said. That's a headdress. First year dispute Resolution Point Court Look at matters difference on safeguarding their will. Consider positions whether or not they need to list a much finer factor in the cork. Consider when making in communities for substantial application. Otherwise, I don't want directions for disclosure documentation and also the court decided not to Mr Matter for further here after recent off section seven important part of Section seven report Section seven of my mentions to court and attempt by a soldier guarding Catholics, officer, some transportation officer. And the purpose of this is to gather together the message from ocean to a system called in deciding on Section seven World together. A lot of information on the checklist from the Section one, subsection three off the Children at the Fed had driving Rogan expectation for parties to a meeting jointly to separate possibly my problems of contact and also parts of Section seven record outside the group Observation Contact Home visits in Quiet in school to do another social services and professionals and not with future important together called for benefit record made according to be satisfied two days after more local sent to do statements to be far from both parties. Decide after. Sometimes it may be necessary for evidence to be obtained from other experts. Also maybe for psychological health fanatic in court to also be made as circumstances. And as I mentioned, there's also Section 700 to its unless how, exactly, father does The circumstances he seats for charters are with him. One of the main arguments, which is raising in support of applications that these are conducting Mother has not friendly relationship with a man who defied his brain, has a violent relationship. Has a background who's abused substances, for example, for the father suggest that this money is of interest to mother, so to fathers from Children who are residing with mother in this new partner. That's where when he's raising child protection issues of that nature, the court may be satisfied based on what's been told what's been discussing that fresher criteria for the person that you take. One of the Children may be satisfied based on the information before the court, this child Ayers was likely be suffering significant harm on the harm or like your farm is a tribute to Not Like again by Nazi child may actually maybe beyond on this wave released a case in court from you Thresher client here for potentially being public scenes on that. And this is where within these private savers and find a judge dropped an investigation. Deception. 57 of the Children. Now that's done. An investigation expected completely appeared of eight routes. Local thought. You can also begin the benefit of having an entrance K water branch to them, even without applications. The court Congrats on this, if necessary in the circumstances on the purpose of this report is done to enable local time at investigations to look to see what safeguards component to ensure Charles that said, God's will be sufficient for local to confirm, not they're likely to be percent public students conceive Section 37 is a very important part off this process to court to be praised us to position, take steps, name after so you can see running prisons in the private Children program, that capital is very important. And just so you know, as a fairly July when that this has been looked at 2019 it's also in mind that the current president find division fun has also now put out a consultation responsible in September where one is looking that way. Looking at the Capitol Child arranges programme informed us to ensure that set as operation as efficient as possible can do so again, worth noting it will be further changes to travel in Just give course once the consultation has been completed. Responses back, possibly because they're put to government with a view to changes. Thank you. Very mature listed the whole disparities for session, for you must be to next time
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