Order menu - Directions revised private law programme

Published date21 March 2018
Subject MatterChildren Act forms
IN THE BIRMINGHAM CIVIL JUSTICE CENTRE

Order Menu - Directions: Revised Private Law Programme

Case Name:

Case Number:

Attendance etc N/A I/P Csl Solr (Other - specify)

Applicant

Respondent [1]

Respondent [2]

Cafcass Officer Mr Ms

Notice of Hearing: Without Notice On Notice

Hearing: First Hearing Dispute Resolution Directions

Application[s] dated

Evidence read {Statement/Affidavit/Report Maker/Author Date}

[ ] Safeguarding checks are [not] complete [and show:

[ ] no safety issues.

[ ] the safety issues are:

[ ] not yet known

[ ] A finding of fact hearing is not necessary in this case because the nature of the allegations [and/or admissions] are such that the court does not require such a hearing in order to be able to decide whether to make an order about residence or contact.

[ ] A finding of fact hearing is necessary in this case because:


[ ] The [interim] residence of the child(ren) will be with the [M] [F].

[ ] The [interim] residence of the child(ren) will be shared between the [M] and [F].

[ ] The child(ren) will have [interim] direct [visiting] [and] [staying] contact with the [M] [F].

[ ] The child(ren) will have contact every [alternate] Saturday for 2 hours at Contact Centre (or such other centre as may be mutually agreed between the parties), commencing on or as soon after as a place becomes available. The Solicitor for the Father/Mother have responsibility for arranging contact at the Contact Centre. Contact at the Contact Centre is subject to the parties abiding by the rules of the centre. If either party should without good reason miss in excess of two contact sessions, the Solicitor for the other party[( ) ] must inform the court forthwith

[ ] The child(ren) will have [interim] telephone contact with the [M] [F]

[ ] The child(ren) will have [only] indirect [interim] contact by [cards, letters and presents] with the [M] [F].

[ ] There shall be such further contact between the children and non-resident parent as may be agreed between the parties from time to time.

[ ] The factual issues agreed are:

[ ] The parties will attend parenting information programmes/mediation.

[ ] The timetable for the child for the issues to be resolved is [ ] weeks.

[ ] (other)

[ ] Whether the child(ren) will reside with the [M] or [F].

[ ] The amounts of time the child(ren) will spend with the [M] and [F] under the shared residence arrangements.

[ ] Whether the child(ren) will have [interim] direct [visiting] [and] [staying] contact with the [M] [F].

[ ] The amounts of time the child(ren) will spend with the [M] and [F] during the [visiting] [and] [staying] contact.

[ ] Whether the child(ren) will have [interim] telephone contact with the [M] [F].

[ ] The amounts of time and frequency of telephone contact with the [M] [F].

[ ] Whether the child(ren) will have [only] indirect [interim] contact by [cards, letters and presents] with the [M] [F].

[ ] (other)

IT IS ORDERED:-

[ ] Cafcass[1] must write to the Court by with the outcome of safeguarding checks.

[ ] The case is adjourned to (parties’ attendance excused) when the court will either make an order in the terms agreed by the parties or adjourn the case for further consideration.

[ ] Upon the Court considering the Allocation and Transfer of Proceedings Order 2008 and the representations of the parties [This application is transferred to [ ] Court and is listed for further directions on at am/pm. The time estimate is mins]

[ ] The case will be retained in this court because

[ ] The [M] [F] [is] [are] [may] [each] [to] file and serve by 4.00pm on [a] [the] [statement[s] of

[ ] The [M] [F] is to file and serve by 4.00pm on

a concise schedule of the allegations (s)he relies for the purpose of the fact finding hearing.

[ ] The [F] [M] is to file and serve by 4.00pm on

a concise schedule of the answer(s) to the allegations relied on for the purpose of the fact finding hearing.

[ ] The Solicitor for the applicant/respondent do forthwith seek police disclosure in accordance with the in accordance with the ACPO Protocol and do file and serve the resulting disclosure on receipt.

[ ] The [insert party] have leave to rely on a report/statement from [eg Hospital, GP] which must be filed at court and a copy served on the other party by 4pm on Permission for the solicitor for the applicant/respondent to disclose this order to the record holder.

[ ] A Cafcass officer[2]][ [ Local Authority] is directed to report on/provide:

[ ] the ascertainable wishes and feelings of the children. It is recorded that the Mother/Father alleges that the children have expressed a wish that

[ ] the home conditions and suitability of the accommodation of the Mother/Father.

[ ] the concerns of the Mother/Father with regard to

[ ] whether or not the children’s physical/emotional/educational needs are being met by the Mother/Father.

[ ] how the children will be affected by the proposed change of

[ ] whether or not the children have suffered or are at risk of suffering the harm alleged by the Mother/Father namely

[ ] the parenting capacity of the Mother/Father having regard to the allegation that

[ ] A Risk assessment under Section 16A

[ ] Other reason: (in detail)

{or as appropriate}

and to file the report by 4.00pm on

and at the same time provide each of the parties or their solicitors with a copy of the report.

Note to Judge:

Single issue reports/wishes and feelings reports 6 weeks

Complex/multi-issue reports Cafcass/SS not more than 12 weeks

Risk Assessment 6-8 weeks

Or as agreed locally with Cafcass

[ ] Under Section 37 CA 1989, it appearing to the Court that it may be appropriate for a care or supervision order to be made.

the Court directs the

to investigate the circumstances of the child[ren].

The report must be filed by 4.00pm on

[and at the same time provide each of the parties or their solicitors with a copy of the

report.]

[ ] The child[ren] be joined as parties to the proceedings.

[A Cafcass Officer] [some other proper personI if he/ she consents] be appointed guardian ad litem for the child[ren] with authority to take part in the proceedings on the child[ren]’s behalf.

[NOTE: 2004 PD requires consultation with the Service Manager prior to the appointment]

[ ] The following documents are to be disclosed by the Applicant to [Cafcass]

[Children’s Services Department of ] for the purpose of the report:

[ ] [all orders, applications, statements and reports filed]

[ ] {Application/Statement/Report Applicant/Maker/Author {Date}

[ ] The [M] [and] [F] may [jointly] instruct a [psychologist] [consultant [child and adolescent] psychiatrist] for the purpose of a report dealing with the following issues:

such report to be filed and served by 4.00pm on

▢ with ▢ without leave to examine and assess the child[ren].

[ ] The solicitor for [M] [F]

is to be the lead solicitor for the purpose of the instruction of the expert.

[ ] The [M] [F] [is] [are] to provide a draft letter of instruction to all other

parties by 4.00pm on

and any comments on the draft letter are to be provided to the [other parties]

by 4.00pm on

[ ] The letter of instruction is to be sent to the expert(s) by 4.00pm on {date}

[ ] The reasonable cost of the report [and] [assessment] shall be

[apportioned equally between the [instructing] parties and such costs shall be] [a proper charge on the public funding certificate(s) of [those parties who have such a certificate] [M] [F]

Residence

[ ] It is ordered [by consent] that [between the date of this order and [the next hearing][final disposal of the applications] the child[ren] [CS to insert names and dates of birth of all unless otherwise specified]

do reside with the Father/Mother [CS to insert name]

Contact

[ ] It...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT