The following Family guidance note provides comprehensive and up to date legal information covering:
Family proceedings are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. The rules in respect of private law proceedings relating to children are largely contained in FPR 2010, SI 2010/2955, Pt 12 and the accompanying FPR 2010, PD 12B, the Child Arrangements Programme (CAP).
The CAP is designed to assist families to reach safe and child-focused agreements for their child, where possible out of the court setting. If parents/families are unable to reach agreement, and a court application is made, the CAP encourages swift resolution of the dispute through the court. The basic structure of the CAP consists of:
an outline of the requirements regarding prescribed documents
signposting services, parenting plans and public funding
an emphasis on the child in the dispute
details of the requirement for attendance at a mediation information and assessment meeting (MIAM)
allocation and gatekeeping
without notice applications
first hearing dispute resolution appointment
dispute resolution appointment
A section 8 order means any of the orders that the court can make under section 8 of the Children Act 1989 (ChA 1989), including any order varying or discharging such an order. Under ChA 1989, s 8 the court can make:
a child arrangements order (CAO)—an order regulating arrangements relating to any
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