Courts will only wish to get involved with issues concerning children when all other options have been exhausted.
Where care proceedings are involved legal aid is often available. However for child arrangements following divorce, unless there has been domestic violence, Legal Aid would not be typically available.
Typically there are three areas that need to be agreed related to Children in divorce:
For many couples a relationship does not end with a divorce. Unlike finances a clean break is not possible with children, and this typically means that separated partners have to maintain some level of contact for many years after their relationship broke down.
Divorce and separation can be especially traumatic for children. Recent studies have shown that children from high-conflict divorces (HCD) are at an increased risk of developing symptoms akin to posttraumatic stress disorder (PTSD).
Parents can reduce the damaging impacts of divorce by minimising conflict around post divorce arrangements and contact. Our team are experts in mediating, negotiating and advising upon appropriate child arrangements.
Children Act arrangements vary from the simple through to the highly complex.
If parents have have tried to reach an agreement regarding their child(s) care, but cannot, it can be helpful to speak to a solicitor and seek advice as to what could be a suitable arrangement.
If there are still difficulties in agreeing, then the next step would be to try mediation. If parents do not wish to be in the same room as each other there is a possibility of shuttle mediation. Some mediators will now involve the child in the process if the parents agree that it is suitable for them to do so.
If negotiation either by solicitors or through mediation is not successful, the final alternative would be to make an application to the court. Unless parent(s) are subject to specific exemptions, this will require a document (known as a MIAM) to be signed by a mediator as evidence of your attempt to resolve the issues. This will then start the court proceedings; in which the court will make its decision based upon what is in the best interests of the child.
Our team of experienced Family Law Solicitors is headed by an award winning Barrister. From straight forward agreements through to complex ones involving international arrangements we can help.
The breakdown of a relationship often impacts others in the wider family. This is especially true for Grandparents who have spent years with their Grandchildren only to find contact cut off following a divorce or separation.
Numerous studies have shown the benefits of having Grandparents involved in children's lives. Not seeing Grandparents can contribute to stress experienced by children experiencing a relationship breakup.
Our team regularly work with Grandparents to re-establish contact with Grandchildren or to help reach a contact agreement following the separation of parties.
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