How long does a child arrangements order take?

[Wigeon]

I'm helping a friend with applying for a child arrangements order. Her divorce of her abusive husband has just come through. A non-molestation order is in place but expires in 6 months. She wants to apply for a no contact order on the basis of his abuse to her over many years, including in front of the daughter, and his lifelong drug and alcohol problems.

Does anyone know how long it's likely to take from application to an order being granted? I've read that there are often delays in the family court and it could take around 47 weeks.

Any other advice? She can't afford a solicitor, works full time but is also eligible for Universal Credit, but isn't eligible for legal aid because she owns her home (we found that out when applying for the non-mol and the occupation order). We have been looking on the very helpful AdviceNow website, and I've also seen that the charity Rights of Women have a legal helpline.

Thanks very much.

Yes, unfortunately there is a long backlog in private applications and it's likely to take a few months before she gets an initial hearing. How old is the daughter? Is he complying with the non molestation order?

No contact order for ex to see children? Thats hard to get ( even serious abusers will get supervised orders) The bar is high for a no contact and will need multiple agencies involved who support and recommend that. Hence it takes a long time

Women’s aid can arrange a free short legal advice session with a solicitor. The solicitor should be able to tell you which route to go, but will need payment if you then want them to do anything. Many people self rep in family court though, so they are very used to this.

This is true. Would it not be simpler to wait and see if he applies to court himself? Maybe better not to poke the bear?

Daughter is just 14. Assume any child arrangements would only be until she was 16? After which she would be free to decide whether to make her own decision re contact.

He has complied mostly with the non-mol although still occasionally texted my friend. But not in a hugely threatening way.

@millymollymoomoo - oh really? He hasn't actually been arrested or convicted for domestic abuse so I wonder if he wouldn't meet the bar for no contact at all...

@FortyElephants - yes, that was my initial instinct. I personally don't think he's organised or sober enough to do that. He has had a year to do that (since she kicked him out through the occupation order) and he hasn't made any effort to regain contact apart from a couple of guilt-tripping texts to my friend (breaking the non mol).

She's wasting her time in that case. The court can neither make her see him nor prohibit her from seeing him at her age. If she doesn't want to see him and he persists in contacting her that would be harassment and should be dealt with via the criminal justice system.

Advise her to forget about court, it's a dead end

Thanks again for the advice, I've spoken to her and I think she is understanding that it might well be pointless applying, in the circumstances. She's going to have a chat with one of the helplines (either Women's Aid or Rights of Women).

I think when you've been in a state of anxiety and fright for so many years, it takes a lot to regain your power and control and take calculated risks. She's in a much much better place now than last year though.

At 14 it will be entirely up to dd if she wants to see dad or not

The only issue she has is being legally able to travel abroad without his permission. But she could then just apply for that if or when the situation arises. Once the child is 16 this is not needed.

Its unlikely that a 14 year old travelling with someone who is obviously a parent (same name) would be an issue but it can happen.

They do have the same surname, she and her daughter went abroad last summer and I don't think they had any trouble at the borders at all.

As the dd is 14 no court will make her have contact if she doesn’t want to however that said if the dd wants contact the court will have no grounds to prevent up to 50/50 because there’s been no prosecution for abuse. In these circumstances however it is probably best to say or do nothing unless he pushes for access.

It depends on where you are in the country, though as others have said it’s not likely the court will make an order given her age, courts have diminishing powers to make orders as children get older and by 14 those powers are pretty much non existent in private law except in exceptional circumstances.

This is irrelevant by the time a child is 14. Border police won't even ask.