The Legal System and Family Courts
The family courts can make orders which affect a person's legal status e.g. divorce and adoption. They can also help resolve disputes by making decisions and orders.
Most parents make their own arrangements for their children without the need to involve people outside the family. There are booklets called Parenting Plans which help you think and talk about the issues to consider.
Others seek help from solicitors, through mediation or family therapy. Couples who make their own arrangements are generally more satisfied with them. In a small minority of cases (about 1 in 10) people cannot agree about arrangements for their children. In this small minority of cases they go to court. Even where one parent has made an application to court, it may be possible for the parents to reach agreement about the care of their children with the assistance of a CAFCASS practitioner or a local mediation service. The court may direct the parties to discuss their dispute with one of these professionals. If they reach an agreement the court makes any appropriate orders. If they do not agree, the matter returns to the court for the court to hear the dispute and make decisions and section 8 orders.
When you need to go to court
- For issues concerned with status such as divorce, dissolution, care orders and adoption a court order is essential.
- Where the breakdown of a relationship involves violence, abuse or harassment, the protection of a court order (an injunction) may be necessary. Breach of an injunction can lead to the offender being imprisoned.
- Where you cannot reach an agreement, the court can make rulings and orders about the dispute.
- If you want to have your agreement approved and made into a legally binding court orders.
- For arrangements about the division of property or pensions
Courts are also involved in many other cases other family cases referred to them but it is not always essential to obtain a court order.
Paying for services
Public funding for legal services and court proceedings may be available for those on a low income or in receipt of some state benefits. Local Authority Children's Services Departments also provide some services without charge and do not charge those in receipt of some state benefits for services. Where you do not qualify for free services you will have to pay.
When making your first appointment with any service you should always ask how much you will have to pay.
Obtaining Legal Advice
Some of the problems which arise when a relationship breaks down can be very complex and you will need the expertise of a solicitor to focus on protecting your interests and trying to help you reach a fair agreement. For further information see Legal Advice
Finding Legal Advice in Devon or Cornwall
Our support services database contains a list of Lawyers/Solicitors and Legal Aid Solicitors in Devon and Cornwall.
Ministry of Justice
The Ministry of Justice work is focused around four strategic objectives:
- strengthen democracy, rights and responsibilities
- deliver fair and simple routes to civil and family justice
- protect the public and reduce reoffending
- ensure a more effective, transparent and responsive criminal justice system for victims and the public
