The family law process begins with the filing of an application, such as a Form C100 Application for a Child Arrangements Order. This application is made to the court, and it sets out the specific orders that the applicant is seeking. The most common orders sought in a C100 application are for child arrangements, such as where the child will live and how much time they will spend with each parent.
Once the application is filed, the court will set a date for a First Hearing Disposal (FHD) or a Case Management Hearing (CMH). This is an initial hearing where the court will consider the application and determine the next steps in the process. Depending on the complexity of the case, the court may decide to hold a final hearing to make a decision on the orders sought, or they may decide to hold further case management hearings to gather more information.
The next step in the process is to serve the application on the other party, and they will have the opportunity to respond to the application. If they do not respond, the court may make an order in their absence.
After the application and response have been filed, the court will hold a case management hearing. At this hearing, the court will consider the evidence that has been filed and make directions for the case to proceed. This might include ordering that the parties attend mediation, or that a report be prepared by a CAFCASS officer (Children and Family Court Advisory and Support Service).
The court may also make an interim order at this stage, which will be in place until a final decision is made.
The final step in the process is a final hearing, where the court will hear evidence from both parties and make a decision on the orders sought in the application.
It’s important to note that the process can be different in different countries, or even regions in the same country. Some countries have different laws and regulations that apply, and some countries may have different court procedures.
