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Children’s application – flowchart on Article 10 orders

Family | Private Client
10 June 2020

Article 10 Orders with regards to private law children proceedings, are in relation to the following orders that the Court can make:

  • Residence order – such order will be in favour of one parent as to where the child should live. There is also the ability to have a Shared Residence order, where it is recognised that the child has two homes. For the latter order, despite the wording ‘shared’, such order does not need to show an equal split of the child’s time between the parent’s two homes
  • Contact order – this means the person who the child lives with (the resident parent) should allow the child to have contact (which can include staying contact) with the other parent
  • Prohibited steps order – an order which prevents a parent meeting his parental responsibility for the child, unless there is consent of the Court to do so, i.e. removing the child from the jurisdiction
  • Specific Issue Order – an order which gives directions for a specific purpose, which may arise in connection with parental responsibility, i.e. taking the child on holiday outside of the jurisdiction

The steps below demonstrate a brief overview of how to initiate private children applications with the Court, and what the usual process will be once the application has been lodged with the Court.

Step one

  • The Applicant will need to file a Form C100 with the Judicial Greffe to commence proceedings, the application should detail which of the Article 10 Orders the Applicant is seeking the Court to make
  • A treasury receipt of £120 will need to be filed with the Form C100
  • If a Form C100 is already before the Court, either by the Applicant themselves or another party, a Form C2 should be used with the same amount for the treasury receipt

Step two

  • The application will be returned by the Judicial Greffe which will provide the Applicant with a date for the first hearing known as a Preliminary Directions Hearing (PDH)
  • The Applicant must then serve the Responding party (Respondent) with a copy of the application with the date and location of the PDH, giving not less than 2 clear days’ notice of the hearing

Step three

  • As of 20 April 2020 the Family Division has implemented new procedures for applications relating to Article 10 Orders, it is important to note the new changes as it will effect procedures following the initial PDH phase
  • The Court may deal with the application without the need for physical attendance at the PDH, however, if attendance is required parties and their legal representatives (if instructed) will attend the hearing
  • The purpose of the PDH is to set down directions as to how to move the matters forward, this may include interim order for contact, setting down another date for a further hearing, known as a Case Review Hearing (CRH) and it may include the appointment of a Jersey Family Court Advisory Service Officer (JFCAS) if the Court considers there to be welfare issues present
  • In line with the new procedures, if a JFCAS officer is appointed, there will now be no requirement on the officer to meet with the parties prior to the CRH. The Court will no longer require the JFCAS officer to prepare a pre-CRH report, instead the officer will prepare a ‘Safeguarding Letter’ within 2 weeks of the PDH taking place. A telephone interview will take place between each of the parties and the JFCAS officer in order to prepare the letter, as well the officer undertaking various necessary checks in relation to the child and the parties

Step four

  • The Safeguarding letter will be filed no less than 3 days prior to the CRH taking place
  • CRH’s will take place on Monday’s save for in exceptional circumstances
  • At the CRH the purpose of the JFCAS officer is to assist the Court with guidance and recommendations for the child which the application relates to. The main focus for all parties, the Court and the JFCAS officer is the welfare of the child. Parents should always bear this in mind
  • Depending on the circumstances of the case the recommendations of the JFCAS officer may be that a further hearing is required whether it be by way of CRH or a Final Hearing. A report by the JFCAS officer and/or an expert may also be necessary if it is considered there are welfare issues
  • Where final decisions are made at a Final Hearing the Court will always have consideration to the recommendations of the JFCAS officer (if available) and the welfare checklist

Important guidance

Before issuing an application it is imperative that the parents attempt to resolve their dispute via a mediation service. Efforts should be made by both parties to engage with one another, as the Court should be used as a last resort, not in the first instance.

How Parslows Jersey can help

If you would like to discuss your particular circumstances with a view to reaching a solution regarding the division of matrimonial property and finances, please do not hesitate to call one of Family Team who will be happy to assist you. Call 630530 or email us on familylaw@parslowsjersey.com

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