Procedure for a dispute under the Children Act

HOW THE COURT WILL DEAL WITH A DISPUTE
The procedure for a dispute under the Children Act is simple but the law is not. The overriding consideration is the welfare and best interests of the child. The court will also consider other factors such as the age and background of the child and whether the child is at risk of any harm. The check-list is too long to examine in detail but at the very top of it is the child's own wishes.

A child old enough to express his or her wishes accurately will be listened to but younger children may not be capable of saying, or even knowing what they want. It is not at all unusual for a child to want to tell both parents what they want to hear. "I love you Daddy. I wish I could live with you" could be the child's way of trying to reassure the father that he may be gone but that he is not forgotten. It could equally well mean "Mummy won't let me stay up to watch TV and won't buy me the latest Play Station game so I want to stay with you and get those things". Already the issue of what the child wants is getting complicated.

The child will not be brought to court to give evidence. That would not be in its best interests. Instead, at the first hearing of the application (whatever it might be for) the Judge's directions will include an order appointing a Catcass Officer to prepare a report for the court setting out what is best for the child. The Catcass Officer will carry out investigations and interviews with both parents individually, the child on its own, if old enough, and the child with both parents. The Catcass Officer will then prepare a report which will recommend what is suitable.