Family Court Solicitors
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Rose & Rose
Hearings in the Family Court Solicitors
Arrangements regarding children after a relationship breakdown are typically better for all involved if they can be decided without court intervention. However, not all divorced or separated parents can agree on living arrangements or the appropriate level of financial support. When this happens, parties will typically ask the family courts to decide.
At Rose & Rose, regardless of the complexity of your dispute, we want to help. Our specialist family law solicitors can provide legal advice on the process involved when involving the family courts, your case preparation, draft documents, advice on evidence, the law and the court’s practice procedure to assist you in putting your best case forward.
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Role of the Family Court in Child Arrangements
The Family Courts make decisions about the child’s best interest and welfare, and that duty is paramount in all applications for a Child Arrangement Order.
The family court can also intervene with more severe injunctions such as non-molestation and occupation orders and can make specific issue orders, prohibited steps orders, and whether one parent can relocate with the child to somewhere else in the country. The different types of hearing that you might have in private family law cases include:
- First Hearing Dispute Resolution Appointment (FHDRA)
- Dispute Resolution Appointment
- Fact Finding Hearing
- Final Hearing
Where appropriate, we will work with you to try and avoid the court process, advising you on the various alternative dispute resolution techniques available. It is important to note that mediation is a prior condition to any Court application (unless an exemption applies). Therefore, you and your former spouse or partner, may be required to attend a ‘Mediation Information and Assessment Meeting’ or ‘MIAM’ – unless you are exempt. If you do not attend, the mediator can sign a document allowing the other parent to apply for a court order about your child arrangements.
Our family lawyers will guide you through the most appropriate solution, providing legal advice to help you prepare your case effectively.
Family Law Solicitors
Rose & Rose are here to help separated parents reach a middle ground as soon as possible, especially regarding child-related issues. Ideally, we will help you resolve any disputes without the need to get to Court proceedings. However, if matters cannot be resolved this way, we help you take the necessary steps to apply to the family court. In either instance, we provide expert advice throughout the entire process. Our experienced and understanding team are here to help you. We will work with you to ensure the best possible outcome.
Meet the team
Meet the team working for you. Click the photo to view that team members profile or use the button to send them an email.
Zubair Dharamsi
Gowsigan Gnanakumaran
Samet Eryurur
Olivia Minza-Clark
Maisa Riazi
Financing your legal fees
We understand that the cost of legal proceedings can be a concern, particularly when circumstances change unexpectedly. For eligible clients, funding may be available through Untangled, a specialist provider of family law loans. Their funding can be used towards legal fees, helping you access the legal support you need without having to meet the full cost upfront. Applications are subject to eligibility, status and affordability checks, and approval is not guaranteed. If you would like to find out whether funding could be an option for you, speak to a member of our team.
Ampla Consumer Finance Limited, trading as Untangled, is authorised and regulated by the Financial Conduct Authority for Consumer Credit (FRN 792153). Credit is subject to status and affordability checks. Terms and conditions apply.
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Frequently Asked Questions
What types of family matters can family mediation address?
Family mediation can address a wide range of issues, including child arrangements (custody, visitation), child maintenance, division of assets, financial matters post-divorce or separation, and communication issues between family members. Mediation is flexible and can address both practical and emotional aspects of family disputes.
What are the benefits of mediation compared to going to court?
Mediation offers a more cost-effective, quicker, and less adversarial approach to resolving family disputes. It allows parties to maintain control over the outcome and often reduces the emotional stress and costs associated with court proceedings. Mediation can also lead to more tailored and mutually agreeable solutions. It’s often better for maintaining ongoing relationships, particularly when children are involved.
What happens if one party refuses to attend mediation?
If one party refuses to attend mediation, the other party can proceed to court, but they must first attend a MIAM (Mediation Information and Assessment Meeting) to demonstrate that they have considered mediation. While attending mediation is not mandatory, the court may look unfavourably on those who refuse to attempt alternative dispute resolution (ADR), and they may be asked to explain their refusal. We are happy to discuss the next steps with you if mediation is unsuccessful.
What is a Mediation Information and Assessment Meeting (MIAM)?
A MIAM is a compulsory first step in the mediation process. It’s a short meeting where a mediator explains the mediation process, assesses whether mediation is appropriate, and explores alternative options if mediation is not suitable. Both parties are encouraged to attend, and the MIAM also serves as a legal requirement before applying to the court for a family matter. There are exceptions to this requirement, such as in cases where there has been a recorded history of domestic abuse.
Kingston Family Court Solicitors
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