SOLENT FAMILY MEDIATION DARTFORD
Find out more about family mediation and how it puts children and the focus of finding solutions.
Find out more about family mediation and how it puts children and the focus of finding solutions.
When parents or guardians in the Dartford area cannot agree on arrangements for their children after separation, the matter falls under the jurisdiction of the Family Court in Kent. In the UK, disputes regarding “custody” are legally managed through an application for a Child Arrangements Order (CAO).
The most critical factor in all decisions made by the court is the welfare of the child. Judges must refer to the Welfare Checklist set out in the Children Act 1989, which ensures all decisions are made in the child’s best interests.
The checklist includes factors such as:
Before an application can be made to the court in Dartford, the parents are usually required to attend a Mediation Information and Assessment Meeting (MIAM). This session with a qualified mediator aims to explore whether the dispute can be resolved amicably through mediation, without the need for court intervention.
Exemptions: You may be exempt from attending a MIAM if there are urgent circumstances or evidence of domestic abuse or child protection concerns. The mediator will provide a signed form confirming attendance or exemption, which is necessary for the court application.
If mediation is deemed unsuitable or fails to reach an agreement, the next step is to make a formal application to the Family Court using Form C100 (Application for a Child Arrangements Order).
The local family court that serves the Dartford area will process the application. The court’s proceedings are structured to facilitate agreement wherever possible, placing the safety and needs of the child first.
Once the application is filed, the Children and Family Court Advisory and Support Service (CAFCASS) will become involved. CAFCASS acts independently to advise the court on what arrangements are best for the child.
A. Safeguarding Checks and Letter: A CAFCASS Family Court Adviser (FCA) will conduct initial safeguarding checks with the police and local authority social services regarding both parents. The FCA will then conduct brief telephone interviews with the parents to identify any immediate safety concerns. This information is provided to the court in a Safeguarding Letter.
B. First Hearing Dispute Resolution Appointment (FHDRA): The first court appointment is the FHDRA. At this hearing, the judge or magistrates will:
1. Review the MIAM certificate and the CAFCASS Safeguarding Letter.
2. Identify the main issues in dispute.
3. Explore whether an agreement can be reached between the parents (often with the help of the CAFCASS officer).
C. Dispute Resolution and Investigation: If an agreement is not reached at the FHDRA, the court will make directions (orders) for the next steps. These may include a more detailed CAFCASS report (Section 7 Report) which involves interviewing the parents, the child, and potentially other relevant individuals (e.g., teachers, health visitors).
A Fact-Finding Hearing, if serious allegations (like domestic violence or child abuse) need to be determined by the court before arrangements can be safely decided. The parents may be directed to attend a Separated Parents Information Programme (SPIP).
D. Final Hearing If the dispute remains unresolved, the case will proceed to a Final Hearing. Both parents will give evidence, and the CAFCASS officer who wrote the Section 7 Report will also attend. The judge or magistrates will then make a final decision, issuing a Child Arrangements Order that details:
Dealing with child arrangement issues can be highly stressful, and support is available locally across Kent, including Dartford.
CAFCASS (Children and Family Court Advisory and Support Service): Independent advice to the court on child welfare. Phone: 0300 456 4000.
Kent County Council Children’s Social Work Services: Dealing with safeguarding concerns or requests for social care support for children. Phone: 03000 41 11 11
Local Family Law Solicitors: Several solicitors in Dartford and surrounding areas (Bexleyheath, Orpington) offer expertise in Child Arrangements Orders, often providing initial fixed-fee consultations. – Search online for “Family Law Solicitors Dartford” to find local firms.
Domestic Abuse Support: If safety is a concern, you can seek support and advice immediately. National Domestic Abuse Helpline: 0808 2000 247.
Family Hubs (Kent): Offer local support, advice, and a place to meet other parents (search KCC website for local hubs).
We offer mediation hubs around the Solent Region.
Offering Civil and Family Mediation, Legal Aid Mediation.
Strictly by Appointment Only.
Location is not staffed.
Mediation and urgent MIAM appointments can be arranged online
Our Dartford Hub – Find us at;
Temple Hill Square, Dartford DA1 5HY
Call our team to book your mediation on 0238 161 1051