What Family Children hearings (private law) are heard in the County Court?
In the context of family law in England and Wales, private law children hearings are typically heard in the County Court when they involve disputes between parents or others with parental responsibility regarding the upbringing and welfare of a child. These hearings fall under the category of private law proceedings, which are initiated by individuals (often parents) seeking to resolve issues regarding child custody, contact, residence, and other matters concerning the child's welfare. The cases can include:
Child Arrangements Orders (CAOs):
- These orders govern the living arrangements of a child, including where the child will live (residence), how often they will spend time with the other parent (contact), and any other aspects of their upbringing.
Specific Issue Orders:
- These are sought when there is a dispute over a specific issue, such as where the child should go to school, whether they should have medical treatment, or other important decisions affecting the child's welfare.
Prohibited Steps Orders:
- These orders prevent a parent or guardian from taking a specific action regarding a child, such as removing the child from the country or changing their name.
Parental Responsibility Disputes:
- These may involve disputes about who has parental responsibility for the child or whether a person should be granted parental responsibility.
Applications for Contact or Residence:
- A parent or other person with an interest in a child's welfare may apply for an order regarding where the child lives or how often they have contact with the other parent.
The County Court hears most of these private law children matters, although cases can also be heard in the Family Court, depending on the specific circumstances and location. In fact, the Family Court has a specialist division for family law matters, and in practice, many cases are dealt with by magistrates' courts or a District Judge sitting in the County Court.
It’s also worth noting that more complex cases or those involving child protection concerns (where there is a risk of harm to the child) may be heard in a High Court or Family Division of the High Court, but these are typically public law proceedings, not private law.
