National Family Mediation in Wrexham

This guide outlines the typical steps involved in applying for a Child Arrangements Order (CAO) through the Family Court serving the Wrexham area.

1. The Court and Local Context

The Family Court that handles cases for the Wrexham area is the Wrexham County and Family Court.

The process in Wales follows the Pathfinder approach, which aims to reduce the time families spend in court and prioritize child safety and well-being through a problem-solving approach.

Key Contact Information (Wrexham)

2. Mandatory First Step: Mediation (MIAM)

Before submitting an application to the Family Court, most applicants must first attend a Mediation Information and Assessment Meeting (MIAM).

• Purpose: The MIAM is a private meeting with an independent mediator who explains how mediation and other non-court methods can help resolve disputes regarding children’s arrangements.
• Requirement: The law requires you to show the court that you have considered mediation, unless an exemption applies (e.g., domestic abuse, urgency, or previous failed attempt).
• Financial Support: The Ministry of Justice (MoJ) often offers a mediation voucher scheme, providing up to £500 toward mediation costs for eligible cases involving children.

If mediation is deemed unsuitable or fails to resolve the issues, the mediator will sign the relevant section of your application form (Form C100), allowing you to proceed to court.

3. The Court Application

If mediation is not suitable or has failed, you apply to the court for a Child Arrangements Order (CAO).

• The Form: The application is made using Form C100 (Application under Section 8 of the Children Act 1989 for a Child Arrangements Order). This form can be submitted online or lodged at the Wrexham County and Family Court.
• The Order (CAO): A CAO is a legally binding order that determines:
  1. With whom the child is to live (often referred to as ‘residence’).
  2. When the child is to spend time with the other parent or family member (often referred to as ‘contact’).
  3. Other contact arrangements (e.g., telephone calls, letters, holidays).

4. Involvement of Cafcass Cymru

As Wrexham is in Wales, the court’s advisory service is Cafcass Cymru (Children and Family Court Advisory and Support Service Cymru). Their role is to safeguard the welfare of the children and ensure their voices are heard.

The Initial Safeguarding Stage

Once the court receives the application, it will immediately task Cafcass Cymru to conduct initial checks.

1. Safety Checks: A Family Court Adviser (FCA) undertakes urgent checks with the police and local authority social services to identify any history of abuse, neglect, or harm concerning the children or the adults involved.
2. Interviews: The FCA will usually contact you and the other parent for separate interviews, either over the phone or in person, to discuss the case, any safety concerns, and the proposed arrangements.
3. The Report: The FCA then prepares a Safeguarding Letter (or Child Impact Report) for the court. This outlines the initial safety checks, summarises the parents’ positions, and makes recommendations about the next steps.

5. The Court Hearing Process

The court process is structured to prioritize resolution and minimize the number of hearings.

1. First Hearing Dispute Resolution Appointment (FHDRA)

• Attendance: Both parties must attend, along with the Cafcass Cymru FCA who prepared the report.
• Purpose: This hearing is focused on finding an agreement. The judge and the FCA will work with the parents to identify the issues and explore settlement options.
• Outcome:
  • Agreement Reached: The Judge can make a Consent Order reflecting the agreement, concluding the case.
  • No Agreement: The judge will set directions for the case, such as ordering more detailed evidence, further Cafcass investigations, or listing the case for subsequent hearings.

1. Dispute Resolution Appointment (DRA) and Final Hearing

• DRA: If the issues are narrowed but not fully resolved, a Dispute Resolution Appointment (DRA) may be scheduled to further try and settle the remaining points and hear some evidence.
• Final Hearing: If agreement cannot be reached, the case will proceed to a Final Hearing. The judge will hear full evidence from both parties (and potentially witnesses or experts) before making a final, legally binding Child Arrangements Order in the child’s best interests.