There are some common misconceptions around private family law proceedings. This is the first article in a series which will break down those myths and explain how it works.
The Private Family Court can be a complex environment. There are many processes to understand and issues that can arise.
I have come across some widely held but common misconceptions in my thirty years advising and representing families and private law children’s proceedings. Across this series of articles I will explore the Family Court process, discuss frequent misconceptions and answer the questions I am most commonly asked.
What are Private Family Law Proceedings?
“What are Private Family Law Proceedings?” is one of the most common questions that I encounter. There are in effect three types of proceedings relating to children:
These are proceedings which deal specifically with financial arrangements regarding a child. This can include Child Maintenance or applications utilising a schedule of the 1989 Children Act for capital lump sums or property to be made available for a child during their minority.
Public Law Proceedings
These are proceedings within which a local authority (social services) are involved, and include Child Protection conferences, Public Law outline meetings, Applications for Supervision or Care Orders.
Private Law Proceedings
Private law proceedings are those where there is generally a dispute between family members. This can include disputes:
- as to with whom children should live;
- how often they should see the other parent or family members;
- disputes in regards to individual issues such as taking the children abroad on holiday or even permanently;
- what religion they should be brought up in; and
- which school they should attend and/or medical treatment.
There are other forms of children’s proceedings which can blur the line between public and private law, including for example, surrogacy and adoption (including step-parent adoption).
This article is part of a series on Private Family Law and Children Law proceedings. If you would like to learn more about the rules around parental responsibility, contact, holidays and arrangements for separated parents, please click here for the full series.
The next article in the series will address the question, “How do Courts make their decisions?”
If you would like to discuss private family law or the different types of legal proceedings relating to children, please get in touch and we’d be happy to assist you.