How Long Do Children Proceedings Take?
May 2025
When a parent or guardian applies to the Family Court using a Form C100, they are seeking a court order about a child. One of the most common questions asked is how long the process takes once the form has been submitted. The answer depends on a number of factors, including whether the application is agreed, whether there are any safeguarding concerns, and the complexity of the case.
This summary provides general information and does not constitute legal advice on any individual circumstances.
Once a Form C100 is submitted, the court will review the application and carry out several preliminary steps before a hearing date is set. If the case is urgent and marked as such, the court may list a hearing quickly. In non-urgent cases, it typically takes around 4 to 6 weeks for the first hearing to be scheduled.
CAFCASS (Children and Family Court Advisory and Support Service) will usually contact both parties before the hearing to carry out safeguarding checks.
How Long Does the Overall Process Take?
The time it takes to obtain a court order can vary significantly, depending largely on whether the application is contested or uncontested. If an agreement can be reached, this will usually be much quicker than waiting for the court to determine the matter at a final hearing.
If both parties are in agreement about the arrangements for the child, the court can make an order as early as at the first hearing, or shortly thereafter. In these cases, where there is minimal dispute, the process could be resolved within a couple of months.
However, when there is disagreement between the parties, the process becomes more complex. Multiple hearings may be necessary, as the court will need to gather additional information to make a decision that is in the best interests of the child. This could include requesting reports from CAFCASS, statements from both parties, and possibly additional evidence such as expert reports.
In cases that involve more complicated issues, such as allegations of abuse, the court may require more time to review all the evidence thoroughly and ensure a fair decision is made. In such cases, the process can take anywhere from 8 to 12 months or even longer, depending on the specific circumstances and the court’s schedule.
It's important to note that the timeframe can also be influenced by the court’s caseload, the availability of judges, and the efficiency with which the parties provide the required documents and evidence.
Can the Process Be Sped Up?
There are limited ways to speed up children proceedings. If the situation is urgent, such as where there are concerns about a child's safety, an urgent application can be made, and the court will usually act more quickly.
Where the situation is not urgent, the main way to avoid delay is to ensure the application is correctly completed, the required fee is paid, and any supporting documents are submitted on time. Attending mediation before applying, where appropriate, can also reduce delays.
What Can Delay Children Proceedings?
Disagreements between the parties, missed court deadlines, or the need for additional evidence can all slow things down. If either party fails to attend court hearings or cooperate with directions, the court may adjourn the case, which can add significant time. Delays may also occur if the court is dealing with a high number of cases or if further hearings are required due to safeguarding concerns.
How Can Fullers Help?
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