CHILD WELFARE HEARINGS

Child Welfare Hearings are normally held in a courtroom in front of a judge, or sheriff. When a Child Welfare Hearing is called, both parties involved are legally obliged to attend and there is no-one else allowed in the courtroom except for the two parents, their lawyers, the judge, the court clerk and any official parties who have been granted attendance by the court. This is the point where you will have your chance to let the court know your intentions with regards your children. It is also a hearing to allow the parent with care the chance to voice their concerns over your reliability as a parent. At this stage, you should have a lawyer there to speak for you, and to argue your case before the judge. This ensures that the hearing remains calm and subdued, as this can be a very stressful time for you both. What is most important at this stage is that you make sure that you allow your lawyer to do the job for which they are being paid to do. Just to get this far will probably have already cost you in excess of £2000 and if you are fortunate enough to have been granted legal aid for this and subsequent child welfare hearings, then it is essential that you treat the matter with the utmost respect, dress well, be alert if you are asked any questions and do not hanker on the sleeve of your lawyer. You should make sure that your lawyer is fully briefed with your instructions well before the hearing begins. The last thing your lawyer wants is to be embarrassed by any exaggerated or dramatic outbursts in court and the last thing you want is to distract your lawyer from their rhythm when they are speaking your case.

What is also exceedingly important during this whole process is that you have remained truthful from the outset. Your affidavit should be factual and concise as should your statement of fact regarding the main events and breakdown of your past relationship. Contrary to much popular belief, a court is not a place which functions for the sole purpose to punish people, although a criminal court has the powers to hand out the sentences of punishment, a court is merely a place where lies will fall on deaf ears and only truth will be heard. The judge will not take sides in any case, he or she has complete solidarity in this. The court and the judge are well experienced in deciphering the truth from the lies.

The hearing will begin with your lawyer stating what type and amount of contact you are requesting. Your partners lawyer will then have the chance to come to a mutual agreement, or refuse any of your requests. In the event that there can be no agreement made then the court may order an impartial bar report be written up. A bar report is a very expensive document written by a third-party (normally another lawyer) who will visit you at your home and your child's other parent at their home. The ordering of a bar report is at the sole discretion of the court and if you do have serious concerns over how your children are being homed or brought up, having a bar report written up may be beneficial to the court as it gives the court a little more insight into each of your lives and how you live, day to day.

Accept all observations made by the judge. He or She is ultimately, the one who knows best, and has the best interests of your children in their concern. You will obviously have an idea in your mind with regards to what amount and what type of contact you will be asking for, and if the court recommends that there is a better course of action to take, accept it. It may have been a long while since you have seen your children. More than 6 months may have passed since you last saw your children and it is very important to take into account all the observations and reasons which the court will recommend occur, for the good of your child, or children in the future.

The end of the day will have one of three outcomes. You will either have a court order made that grants you specific access and contact with your children, a bar report recommended, which will not normally be ordered until some form of contact has been secured, or you will be refused contact completely. In the very rare and unfortunate event that contact is not granted, live, and fight again another day. Just remember, it is important for your children to grow up knowing both of their parents, nomatter how anyone lives their lives, or what has gone in the past. Change is always a daunting prospect but possible and change remains less than a major challenge for us, in human nature.