Applicant files application at Court and serves upon the other party:
Royal Court - Form C or Form CF1
Magistrate’s Court - Form CF1
Court will consider:
• Whether a Family Proceedings Adviser (FPA) should be appointed.
• Whether position statements should be filed.
• Interim contact, and whether there are any relevant allegations of domestic abuse or violence which are likely to affect the ultimate outcome of the case. If so, Court may fix a Finding of Fact hearing. See Domestic Abuse & Violence.
If FPA appointed:
Position statements filed.
Finding of Fact hearing fixed, if appropriate.
FPA will:
• Meet the parties, usually separately.
• Contact all relevant agencies, for example, Police, HSC.
• Meet the children, if appropriate.
In the absence of any agreement, FPA files at Court and serves on the parties a detailed report setting out the background, current circumstances and detailed recommendations.
Possible further directions hearing.
Trial - witnesses called and Court decides application, taking into account welfare checklist.
If FPA not appointed:
Position statements filed.
Finding of Fact hearing fixed, if appropriate.
Possible further directions hearing.
Trial - witnesses called and Court decides application, taking into account welfare checklist.
