Hearings in the family courts are in private and only those who are involved can attend. These cases can take a long time to sort out and it is important to remember that the judge has to put the children’s interests and welfare first. In both cases the judge will have reports from an expert court officer who will talk to the children and get to know their wishes. The children the judge is dealing with have their own lawyer in public cases and can have a lawyer in private cases if the judge thinks they should. The judges are specially trained too as these cases affect peoples’ lives in a very close and sometimes devastating way. The parties are usually represented by lawyers who have been specially trained to do this difficult and sensitive work. Such cases can take a long time to resolve and it is important that those involved see the same judge throughout the case if possible so that there is a consistent approach to dealing with the problems that are being addressed. The judge will usually have all the papers the day before so will know all about the case before it comes into court. These cases can lead to those children being adopted and the judge deals with that as well.
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The second sort of case is what is called public work when local councils take action to remove children from their parents’ care because they are being hurt in some way. The cases can involve grandparents and other relatives too. They deal with private cases which are disputes involving parents about their children, for instance who they should live with, who they should see, where they should go to school or even if they can move to live abroad with one of their parents. Judge’s role in a family caseįamily circuit judges deal mainly with two sorts of work. Such cases can lead to children being adopted and this is also dealt with by a family judge. Public work is the term used for cases when local authorities take action to remove children from their parents’ care because they are being hurt in some way. The cases can also involve grandparents and other relatives. Private cases are disputes that involve parents and concern their children, for example, in divorces or separations, who the children should live with, who they should see, where they should go to school or even if they can move to live abroad with one of their parents.
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Types of family casesįamily law mainly involves two sorts of work: private and public. Judges and magistrates work to make the circumstances of family disputes less adversarial and hearings can often be quite informal with, for example, all parties sitting around a table. These disputes often involve very difficult circumstances, for example relationship breakdown or child contact. When disputes do come to the courts, the cases are dealt with by magistrates and judges specially trained to deal with issues affecting families. If at all possible the parties are encouraged to resolve their disputes out of court, for example through mediation – on the grounds that they are more likely to stick to any agreement if they themselves have had a role in formulating it. The family justice system exists to help families avoid disputes as far as possible but also, if disputes or problems should arise, to enable them to resolve those problems quickly and with the minimum of pain caused to those involved. Coronavirus (COVID-19) advice and guidance.Standing International Forum of Commercial Courts.Pre-Application Judicial Education Programme (PAJE).
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