When parents or guardians cannot agree on arrangements for their children, private law children hearings provide a legal route to resolve disputes. In England and Wales, many of these cases are heard in the County Court, which deals with issues concerning the upbringing, welfare, and living arrangements of children.
Types of Private Law Children Hearings in the County Court
- Child Arrangements Orders (CAOs)Child Arrangements Orders determine where a child will live (residence), how often they spend time with each parent (contact), and other aspects of their daily life. These are the most common type of private law orders.
- Specific Issue OrdersSpecific Issue Orders are used when parents disagree on a particular decision affecting their child. Examples include disputes over which school a child should attend, medical treatment, or other important welfare decisions.
- Prohibited Steps OrdersProhibited Steps Orders prevent a parent or guardian from taking a particular action, such as removing the child from the country or changing their name, without the court’s permission.
- Parental Responsibility DisputesThese hearings resolve disagreements about who has parental responsibility or whether an individual should be granted parental responsibility for a child.
- Applications for Contact or ResidenceParents or other individuals with a legitimate interest in a child’s welfare can apply for orders to determine where the child lives or how often they see the other parent.
Where Are These Cases Heard?
Most private law children matters are heard in the County Court, often by a District Judge sitting in the Family Court division. In some areas, specialized Family Court divisions may handle cases. While County Courts manage the majority of private law disputes, more complex cases, or those involving potential risks to the child, may be escalated to the High Court. These are typically public law proceedings rather than private disputes between parents.
Conclusion
Private law children hearings in the County Court are designed to protect the child’s welfare and ensure that disputes between parents or guardians are resolved fairly. Understanding the types of orders and the court process can help parents prepare and make informed decisions about their child’s care.
