The Children and Family Court Advisory and Support Service

CAFCASS Officer

A court appointed social worker who may be asked by the court to work with families and advise the court as to what it considers to be in the children’s best interests.

A conditional order can be made a minimum of 20 weeks after a divorce application has been issued. It does not finalise the divorce or dissolution; this can only be done 6 weeks and 1 day after the Conditional Order when you can apply for a Final Order.

This is any order that is made by agreement between the parties which has been approved by a court. It might be an interim order, making directions about how the case moves forward or a final order. It can relate to financial matters or issues concerning the children.

Also known as a Statement of Information for a Consent Order this is a form sent to court alongside a financial Consent Orderproviding the judge with the background to your circumstances, your financial circumstances and the effect of the agreement you have reached.

Directions

Directions are orders made by the court in financial or children proceedings in order to progress the case.

ES1

This is a short case summary setting out the factual background, details of the proceedings to date and the issues in the case. It must be completed before court hearings.

ES2

An Excel schedule which records the assets, liabilities and income in a simple, neutral format which must be completed before court hearings.

Fact Finding Hearing

A hearing that usually takes place in children act proceedings in which allegations have been made to determine whether, in the courts view, the incidents did happen. Where findings are made it results in a “finding of fact” which may have consequences in the proceedings.

The Financial Dispute Resolution (FDR) hearing is usually the second hearing about finances at which the parties will usually negotiate with the assistance of a Judge who will give an ‘indication’ as to their view of the case. They can be highly effective at settling cases.

The final order of divorce. Once this is made you are no longer married.

The Form which starts court proceedings to resolve the financial aspects of a separation.

A comprehensive document used to provide financial disclosure which is accompanied by significant amounts of supporting documentation.

The first court hearing related to financial matters at which directions will be made with the objective of putting the parties into a position at which they can negotiate with confidence at an FDR.

A hearing at which a Judge will usually hear evidence before determining the issues between the parties in relation to their financial issues and/or matters concerning their children.

Mediation

An alternative to court, family mediation is a process in which a professionally trained and independent mediator helps you to reach agreement about the issues arising from your separation.

Mediation Information and Assessment Meeting. It is a meeting with a qualified family mediator to discuss whether the issues can be resolved without going to court. The parties must attend a MIAM before making a court application.

Non Court Dispute Resolution and alternatives to court which include arbitration, neutral evaluation and collaborative law.

The legal rights and responsibilities of a parent to a child.

A court order which prevents a parent or other party taking an action in relation to a child.

These are the factors that the court take into account when dividing the assets between couples they include the length of the marriage, the financial needs and responsibilities of the parties, incomes and earning capacities, standard of living and other considerations.