CONCILIATION IN THE PRINCIPAL REGISTRY OF THE FAMILY DIVISION A GUIDE FOR PARENTS AND OTHERS

Conciliation

All applications for orders regarding residence of or contact to children proceedings in the Principal Registry are automatically listed for conciliation.

What is a conciliation appointment?

The conciliation appointment is an informal hearing in front of a District Judge, sitting with a Children and Family Reporter (formerly called a Court Welfare Officer), when the application to the court is discussed with a view to seeing whether it is possible to reach an agreement which is acceptable to everybody and is in the interests of the children.

Who is present at a conciliation appointment?

The only people present are the District Judge, the Children and Family Reporter, a Court Clerk, the parties and their respective solicitors or barristers.

Who is the Children and Family Reporter?

He or she is an experienced, professionally trained social worker employed by CAFCASS (Children and Family Court Advisory and Support Service) who is there to provide independent advice to the District Judge and the parties during the hearing.

Bring the children to the hearing

The children should attend if they are 9 or over, but they will not go into the courtroom. If it is necessary, the Children and Family Reporter will talk to the children to find out what they know and feel about the situation. This interview will take place in a separate room.

Younger children of the family may also attend if they so wish.

What happens at a conciliation appointment?

The District Judge and the Children and Family Reporter will ask what the problems are and listen to what is said. Nothing said at conciliation can be repeated elsewhere. It is an entirely confidential hearing. If the Children and Family Reporter needs to talk to the parties, this will be done in a separate room. No order can be made unless the parties agree. If no agreement is reached, the District Judge will give directions for filing of evidence, filing of any necessary reports and for a further hearing. Any further hearing will be before a different Judge and any report will be completed by a different Children and Family Reporter.

How long do conciliation appointments take?

Conciliation hearings are normally expected to last for 30 minutes but if the discussions with the Children and Family Reporter and between the parties are progressing the time may be extended. Unfortunately, delays do sometimes occur and the wait can seem very long for the children. It is therefore advisable that children should bring a book or a game and be accompanied by an adult friend or relative who can wait with them.

What can I do if I do not want to meet the other party outside the Court?

The conciliation hearing is an opportunity for the parties to meet in a safe environment to try and agree what is in the best interests of the children concerned. There may be exceptional circumstances, which make it inappropriate for the parties or children to meet outside the courtroom. In such circumstances you will need to inform the court in advance by ringing the court on 020 7947 7116/7018/6938. Any arrangements that are necessary can then be made.

How do I address the Judge and Children and Family Court Reporter?

The correct address for the District Judge is either “Sir” or “Madam” or “Judge”. The District Judge will introduce the Children and Family Reporter to the parties.