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Review Your SQE 1 Practice Records

Examination Timing: 00H00M33S

Lisa Johnson is currently undergoing divorce proceedings with her spouse, Mark Johnson. Concerned about the future arrangements for their two children, Lisa wants to obtain a child arrangement order. She is unsure where she should commence these proceedings. 


Where should Lisa commence the proceedings for a child arrangement order?

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Child arrangement orders, which determine where a child will live and how much time they will spend with each parent, are not automatically dealt with as part of divorce proceedings. Instead, a specific application must be made to the Family Court. The Family Court handles various matters, including parental disputes, child support, and adoption. Within the Family Court, cases are allocated to magistrates, district judges, or High Court judges based on their complexity. While certain cases, such as wardship or abduction, may be handled by the Family Division of the High Court, a standard child arrangement order does not fall into this category and should be commenced in the Family Court. 


Key Point: The Family Court is the appropriate venue for commencing proceedings related to child arrangement orders during divorce. This court specialises in Legal Services matters and ensures cases are handled by the appropriate level of judiciary based on their complexity.

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