How to have a happy holiday when you’re separated parents

How to have a happy holiday when you’re separated parents

This year more than most, the summer holidays for separated parents can be a difficult and confusing period. Trying to agree if one or both of the parents should be able to spend time abroad with the children can prove to be a tricky subject.

Associate Melissa Jones examines the issues.

Any difficulties in the relationship may well be those of the parents, but it is the children who can reluctantly find themselves in the midst of adult arguments, confused that those to whom they look for guidance are not getting along and often incorrectly blaming themselves for either parents’ upset or even anger. It is easy and perhaps natural for a parent going through such a difficult time to concentrate on themselves at these times, but it is very important if trying to sort arrangements out amicably, not to lose focus of a child’s needs or emotional well-being when they may already be feeling overwhelmed and trying to understand why their parents might not be friends, as well as distress and confusion about their new family circumstances.

The child’s best interests

If charged with deciding, the court will determine matters in accordance with what is in a child’s best interests. As such, and even if it is not what you want to hear personally, try to listen to your children. They may well help you in taking a step back from your own bubble and decide what’s best for them.

Open lines of communication

Good forward planning and open lines of communication with the other parent are essential when working towards organise your children’s summer holiday. Despite past difficulties, there are families who are able to work together to the extent that they can spend a summer break together, although sadly this is not the usual situation. However, regardless of whether you and your former partner are on good terms or not, taking time to come to a mutual decision about what’s best is without doubt the best way forward: from agreeing a safe destination that both parents are happy with to arranging how and where the children are going to spend time with each of their parents over the holiday period, it is by maintaining these open lines of communication that you will achieve a good outcome.

We have seen arrangements agreed where the separated parents have both gone to the same resort or holiday area, and the children have spent one or two weeks with one parent and then spent another week or two with the other parent, meaning that travel arrangements are simplified and there is the smallest amount of disruption possible.

It isn’t easy but it needn’t be difficult either. A little bit of willingness to accommodate the other parent’s request – when they can get time off from work, or if there is a holiday home owned by relatives and can you take a break in the same region to make things easier – can go a long way. Here are McAlister Family Law we encourage our clients not just to try to achieve a respectful divorce, but to remain respectful of one another in the years after that divorce. If you can each try to give a little in order to reach an agreement that will suit everyone involved, particularly your children, in the long run you will be glad you did so.

If you are affected by any of the issues outlined here, please get in touch today. We are here to help you.

Do I need my ex’s permission to take my children on holiday?

permission to take children on holiday

Do I need my ex's permission to take my children on holiday?

The schools are breaking up now for the summer, and as certain travel restrictions are being lifted, for some of us that may mean the excitement of travelling abroad on holiday.  But if you are separated from your child’s other parent, this can bring issues which need to be addressed with your ex-partner prior to any trip away, particularly if you’re considering holidaying in what is currently deemed to be an “amber” country.

Associate Therasa Kenny explains.

If there is an Order in place, usually a Child Arrangements Order (formerly a Residence Order) then a child can be taken abroad for up to a month without needing the written consent of the other parent.

Parental Responsibility

If there is not a court order in place, what first needs to be considered is whether you have parental responsibility.  If both parents share parental responsibility, then what is often overlooked is that you will need to get written consent from the other parent in order to take your child out of the United Kingdom (Section 13 (2) of the Children Act 1989).  Failing to do so could lead to you committing an offence of abduction for which you can be fined, imprisoned or both.

Should consent be unreasonably withheld, then an application to Court can be made.  The Judge will take into account the individual circumstances of each family, and if permission is given (which it often is) then specific travel details will need to be provided.  These will include the dates of travel, address details for where the child will be staying and any flight numbers.

The Court rarely denies permission to take a child on holiday abroad where there is an existing relationship between the parent and child and the plans are reasonable in all of the circumstances. Where they do, it is usually in circumstances where the plans are patently not in the child’s best interests or where the Court deems the child may not be returned to the country.

The child’s best interests

If only the mother has parental responsibility, and again there are no Court orders in place, then permission is not necessarily needed to take a child abroad on holiday.  That being said, and with your child’s best interests at heart, consultation should always take place with the other parent (if they are in regular contact with the child) in order to reach an agreement that is right for everyone.   As a father without parental responsibility, should you not agree to your child being taken abroad, you can apply to the Court for a Parental Responsibility Order and a Prohibited Steps Order to prevent the trip.

What if my children’s grandparents want to take them abroad on holiday?

Should other members of the family, such as a grandparent, wish to take a child abroad, then it is worth noting that permission will be needed from both parents who have parental responsibility, and not just from one.  Again, it’s really helpful if you can maintain good relationships with everyone in your extended family, but if that isn’t the case, then we recommend getting good legal advice well in advance of any proposed trip.

What if my child has a surname different from my own?

You also need to be aware that customs officers may insist on extra checks where a child is travelling with somebody who has a different surname to them. In these circumstances and in order to avoid any hold ups, it is always useful to take additional documents to the airport with you which can help to verify your child’s connection to you, such as the child’s birth certificate (which may provide the details of both parents’ surnames) and/or your marriage certificate (which will show the surnames before the marriage) and any existing court order and so on.

Open lines of communication

What is important is communication, and trying to agree any travel arrangements between you and the other parent in advance.  This is not always possible, but if it can be achieved, it will avoid any applications to the court being necessary.

If you are affected by any of the issues raised here, please get in touch today. We are here to help.

Civil partnerships – the dissolution process

civil partnership dissolution

Civil Partnerships – the dissolution process

What is a Civil Partnership? Initially introduced by the Civil Partnership Act 2004, civil partnerships were devised to provide a relationship status for same sex couples akin to, but different, to a marriage, which was not available to same sex couples until 2014.

(Civil Partnerships have since been made available to heterosexual couples as of 31st December 2019, pursuant to the Supreme Court ruling in favour of Rebecca Steinfeld and Charles Keidan.)

Associate Aaron Williams explains the civil partnership dissolution process.

A civil partnership is formed once both individuals, both of whom are at least are 16 years of age, have signed the civil partnership document in the presence of a registrar and two witnesses. Unlike a marriage at civil ceremonies readings, songs or music cannot have any religious connotations, e.g. readings from the bible or hymns etc.

The differences between a civil partnership and marriage are nominal, but small differences do exist:

  • Civil partners cannot call themselves ‘married’ for legal purposes
  • A marriage is ended with divorce by obtaining a decree absolute, while a civil partnership is ended with dissolution by obtaining a dissolution order
  • Adultery is not a valid reason to dissolve a civil partnership, but it can be used to divorce

Despite the small differences, legally speaking a civil partnership broadly confers the same rights to civil partners, when concerning the laws that govern wills, administration of estates and tax exemptions.

Dissolution of Civil Partnership

Should you come to the difficult decision that the relationship is over, and you legally wish to end your civil partnership, an application will need to be made to court for a dissolution order. To apply for a dissolution order, the civil partnership must have been in place for a minimum period of one year.

Much like the divorce process, until the implementation of the no-fault divorce process in April 2022, the court work on a fault-based system. To start the dissolution process, you will need to prove to the court that the civil partnership has ‘irretrievably broken down’ and that there is no prospect of reconciliation; to prove this one of four facts need to be established, these facts are:

  • Unreasonable behaviour – Your civil partner has behaved in such a way that you cannot reasonably be expected to live with them (whilst adultery in of itself cannot be cited as a fact for the parties’ separation in of itself as in divorce proceedings, it can be cited as an example of unreasonable behaviour)
  • two years’ separation and consent – You and your civil partner have ‘lived apart’ for a continuous period of at least two years prior to the presentation of the dissolution petition and your partner agrees to the dissolution being granted
  • two years’ desertion – Your civil partner has deserted you for a continuous period of at least two years immediately proceedings the dissolution petition, and
  • five years’ separation – You and your civil partner have lived apart for a continuous period of at least five years prior to the presentation of the dissolution petition (civil partner’s consent not required).

Dissolution Process – the timeline

  • Preparation of Dissolution papers – You as the civil partner who lodges the petition (known as the petitioner), will be required to particularise within the dissolution petition how the Civil Partnership has ‘irretrievably broken down’, using one of the facts detailed above. The paper will then need to be forwarded to Court with the requisite Court fee.

If completed correctly the Court will ‘issue’ the petition and send a copy to your civil partner who will be referred to as Respondent going forward.

  • Acknowledgement of Service – Your civil partner will receive a copy of the Dissolution Petition, together with a copy of a form known as an Acknowledgement of Service. The document needs to be completed within seven days of receipt, wherein they confirm receipt of the dissolution papers and confirm whether they seek to contest the dissolution petition or not.

Should your civil partner seek to contest the dissolution, they will have a further 21 days to file an ‘Answer’ to the Court, detailing why they do not agree to the dissolution.

  • Confirming the Petition – The next stage in the process is for the petitioner to sign a statement of truth, confirming that the circumstances remain the same and that they do not wish to alter the content of their petition. This is then filed with the Court with a request that the Conditional Order is pronounced.
  • Conditional Order – The second stage in the dissolution process (Decree Nisi in divorce), if the dissolution petition is uncontested by your civil partner, the Court will consider the content of the papers filed by parties and will confirm whether it is satisfied the reasons cited within the dissolution petition are sufficient for the dissolution to be granted. If approved, any financial order can now be implemented. It does not mean that the civil partnership has been dissolved at this point.
  • Final Order – six weeks and one day after the date of the Conditional Order the petitioner can apply for the ‘final order’ which is the document that will ultimately bring the civil partnership to an end. Should the petitioner not apply, within three months after this time period has elapsed (total four and a half months) then the Respondent can apply to court for the Final Order to be made.

The process in total should take approximately four to six months to complete, however, this is dependent on a multitude of elements, including, whether the dissolution is agreed, how promptly parties complete and file documents and the Court’s availability.

If there are any disagreements between parties regarding any financial settlement, then it can result in further delays until any ultimate settlement is agreed.

Dissolution – Finances

As with married couples, upon separation any dispute between civil partners as to the title or possession of property either partner may apply to Court to reach a settlement. The Court’s principle aim is to reach a fair settlement upon consideration of each parties’ needs and resources. When settling assets, the Court will look to equally split the assets, unless convinced by either party that a departure from equality in their favour is justified.

The Court can make several orders to settle the finances which are principally as follows:

  • A sale of a property, a transfer to one person, or put it into a trust
  • A lump sum (whole or in instalments) or a series of lump sums, eg to pay off a mortgage
  • Typically, in scenarios where there is income inequality between the parties, it can order one party to pay maintenance to the other either for the rest of their joint lives, until the recipient remarries, or for a fixed period.
  • It can order money for school fees etc but not usually for general child maintenance
  • It can order that a pension be shared or attached. Sharing is where funds are transferred or split between the parties; attachment is like maintenance direct from a pension but can also be a lump sum.

If you are affected by any of the issues outlined here, please do get in touch today. We are here to help.

The Role of Cafcass

role of cafcass

The role of Cafcass

When your child is subject to family proceedings, there may be a barrage of different voices and perspectives: from parents, their legal representatives, and even the wider family. Unfortunately – and unintentionally – it is all too easy for the bigger picture to become blurred, and this is where Cafcass (the Children and Family Court Advisory and Support Service) will step in. But who is Cafcass, what is its role, and why is it involved? Family law paralegal Georgia Smith explains.

Who is Cafcass?

The Children and Family Court Advisory and Support Service, or Cafcass, is an independent organisation whose primary role is to represent the interests of children. Cafcass can become involved in private law child arrangements proceedings, where separated parents are unable to agree on arrangements, or in public law applications brought by social services, where there are concerns about the welfare of a child.

What is the role of Cafcass in Private Law Proceedings?

Upon filing an application with the Court, the case will be referred to Cafcass, which will initially write to both parents to explain its role within proceedings and inform them of their allocated case worker.

Cafcass will then carry out safeguarding checks. This will include contacting the police and the local authority, to ascertain if any of the parents are known to them, and if there are any known welfare or safety risks to the child(ren).

Cafcass will then schedule a telephone interview with each parent. Although this may seem daunting, the case worker will speak to each parent individually, with a view to discovering any concerns that  they may have about the welfare and safety of their child(ren). It is imperative that parents are open, honest and remain child-focused. After all, Cafcass are working towards a fair resolution, with the child(ren)’s best interests at the forefront of their consideration.

Following this, a safeguarding letter will be prepared and sent to the Court. This report will detail the outcome of the safeguarding checks and any issues raised by the parents during the telephone interviews. The safeguarding letter will normally be made available to the parents, their solicitors and the Court, at least three days before the first hearing.

The role of the Cafcass worker is to work with both parents to reach a mutual agreement that is in their child(ren)’s best interests. If at the first court hearing it is apparent that  the parents are unable to reach an agreement and there remains welfare concerns raised by one of the parents, then the Court may direct that Cafcass prepare a Section 7 report.

This report will primarily focus on the welfare of  the child(ren) and is prepared for the Court in accordance with the welfare checklist contained within Section 1 of the Children Act 1989. A range of factors are taken into consideration, including:

* the ascertainable wishes and feelings of the child concerned (considered in the light of the child’s age and understanding)

* the child’s physical, emotional and educational needs

* the likely effect on the child of any change in their circumstances

* the child’s age, sex, background and any characteristics which the court considers relevant

* any harm which the child has suffered or is at risk of suffering

* how capable each of the parents, and any other person who the court considers the question to be relevant, is of meeting the child’s needs

* the range of powers available to the court in the proceedings.

Dependant on the age and maturity of the child(ren), Cafcass may speak with them to ascertain their wishes and feelings. Although Cafcass is often referred to as the ‘voice of the child’, they may consider that the child’s view is not in their best interests, so it is important for parents to understand that a child’s opinion may not always be decisive and attempts should not be made to influence their wishes.

Upon receipt of the Section 7 report, each parent should expect their solicitor to analyse the report in detail. Cafcass will make recommendations to the Court and usually the Judge will not depart from these recommendations without persuasive evidence to the contrary.

That being said, the report is not always considered determinative and of course, the recommendations can be challenged. Experienced children solicitors understand that family relations are complex and often assumptions can be made on limited information. It is therefore essential that parents work with their solicitor, and Cafcass, to reduce the issues in dispute and focus on the best interests of  their child(ren).

If you are affected by any of the issues outlined here, please do get in touch today. We are here to help.

Home schooling and shared care: how to manage this successfully

home schooling and shared care

Shared care and home schooling

Due to Covid-19, over the past 15 months parenting has for been particularly challenging. And for many separated parents, changes such as lockdowns and schools closures have been thrust upon them, without the chance to discuss shared care arrangements with the other parent.

It might be that you, as parents, have been home schooling your children for many years anyway, but for many this was new, and largely unknown, territory. However now normal life beckons, there’s no disputing the fact that some parents have really taken to home schooling and want to continue. How best to do this, so that all involved are happy with the arrangements, and the children thrive? Associate Melissa Jones explains.

How do I implement the same routine for the children at the other parent’s house?

It is important to remember that despite the urge to set out a clear timetable for the children each day, this might not be practical, depending on the ages and needs of your children and also whether you or the other parent needs to work from home.

When you co-parent you are reliant, to a certain degree, on flexibility and trust in the other parent. Each parent has their own style of parenting and while you may not agree on everything regarding the children, the ability for your children to experience secure and stable upbringings across two homes is possible.

Home schooling: the Parenting Plan

For co-parents, one handy and almost essential tool is a “Parenting Plan”. In essence, it is a written document that records the day to day and practical arrangements of parenting.  Also, if you are looking to make an application to the family court for a Child Arrangements Order (Section 8 Children Act 1989), in the future, the court will expect you to have looked at a parenting plan.

The Children and Family Court Advisory and Support Service  (CAFCASS) which represents children in family court matters in England, describes the benefits of making a Parenting Plan below:

  • it will help everyone involved know what is expected of them
  • it acts as a valuable reference to go back to
  • it sets out practical decisions about the children, such as living arrangements, education and health care.

You can see more detail here.

How can I include home schooling in a Parenting Plan?

There is a section dedicated to “education” in each parenting plan, so, if you are looking to create a plan for the first time or even if you already have a plan, a good talking point would be home schooling and how you can work together to achieve this. You might find that one parent really likes the idea of planning the day around available resources online, where a number of celebrities are producing content designed to fall in line with the national curriculum. On the other hand, it might be that the other parent is really hands-on and wants to use this time to teach the children practical skills such as woodwork, gardening, baking, and more.

How will I know what the other parent is planning?

For many years now family law practitioners have been encouraging the use of a “communication book” with the idea being that one parent records useful information about their time and activities with the children, and the book is then passed to the other parent, on handover.  One way this could be to send electronic updates or set up a designated “email” just for communication about child arrangements. You could even develop your own form of home work diaries and there are plenty of apps out there that could help you stay connected as a family.

In the end, what’s important is communication – there is no question that no matter what the situation, children always benefit when both parents talk to one another and agree the way forward.

If you are affected by any of the issues outlined here, please do get in touch today. We are here to help.

The Bill and Melinda Gates’ divorce

Bill and Melinda Gates divorce

The Bill and Melinda Gates’ divorce

Our managing partner, Amanda McAlister, offers her expert opinion on the news that Bill and Melinda Gates are to divorce, and looks at some of the issues involved.

I woke this morning to the news that Bill and Melinda Gates were to get divorced. Minutes later my phone starting ringing, as I took one request after another from journalists wanting to cover the story and get my opinion on what a later-in-life divorce involves. It’s no exaggeration to say that almost every media outlet around the world is keen to look closer into why this multi-billionaire couple would want to part after 27 years of a seemingly very successful marriage.

Gates, 65, the fourth richest man in the world, founded Microsoft in 1975 and met his future wife Melinda in 1987, the year he became the world’s youngest billionaire. In 2000 they established the Bill and Melinda Gates Foundation. 

They have three children – Jennifer, 25, Rory, 21, and Phoebe, 18 – and in the message announcing their divorce, they wrote:

“After a great deal of thought and a lot of work, we have made the decision to end our marriage.

“Over the last 27 years, we have raised three incredible children and built a foundation that works all over the world to enable all people to lead healthy, productive lives. We continue to share a belief in that mission and will continue to work together at the foundation, but we no longer believe we can grow together as a couple in this next phase of our lives. We ask for space and privacy for our family as we begin to navigate this new life.”

Prenups and separation agreements

Court documents reveal that the couple do not have a prenuptial agreement. We’re told Melinda, 56, filed for divorce at a court in Washington state, saying “this marriage is irretrievably broken” when asked to explain the split, also revealing there was no prenuptial agreement when they wed on a Hawaiian golf course in 1994.

However, famously Bill used a pro and con list on a whiteboard to decide to whether or not to ask Melinda to marry him, so I suspect the couple may well have approached the ending of their marriage in the same carefully thought-out manner.

Indeed, the document, filed Monday in King County Superior Court in Seattle, notes that the pair has a “separation agreement.” A separation agreement is usually signed at the end of a marriage and lays out the terms of the split – it will, apparently, dictate how the couple will divide up their assets, which include the family home, a $125million compound overlooking Lake Washington on the outskirts of Seattle, a mansion in San Diego, a Santa Fe ranch, a countryside retreat in Wellington, Florida, a lakeside lodge in Wyoming which used to be home to Buffalo Bill and a garage full of Porsches, Ferraris and Lamborghinis. In fact, the Gates fortune is estimated at well over $100 billion, so I’m not surprised Melinda has not requested spousal support, according to the filing.

Divorcing after a long marriage

It’s interesting to note that there has been a significant increase in the number of couples filing for divorce who have been married for more than 20 years. I think it’s significant that the Gates’ youngest child recently turned 18: it’s reasonable to assume the couple wanted to wait for all their children to reach adulthood before they announced their formal separation, and I would also say it takes guts to do this after such a long marriage – perhaps even more so when your relationship, and your life, is so public.

How would this divorce be treated here?

Technically, separation agreements aren’t legally enforceable under UK law. But if both parties have been open and honest about their finances and taken independent legal advice about the agreement, then it’s entirely likely the court will decide you should stick to it.

However, under our jurisdiction there is also what’s known as the “millionaire defence”. This is a term created following the case of Thyssen-Bornemisza v Thyssen-Bornemisza (No) [1985] FLR 1069 where a wealthy party put forward a defence to providing full disclosure, on the basis that he had sufficient wealth to pay a lump sum or maintenance to the financially dependent party. In other words, why should the court go to the trouble, time and expense of investigating the millionaire’s means, when it is clear that he/she can meet whatever reasonable order the court is likely to make?

This defence causes some controversy as the court has an obligation to consider the parties’ financial resources properly. Furthermore, in order for the court to conclude that an order is fair and reasonable, it must consider the full and frank disclosure of all material facts, documents and other material. Nevertheless, it remains a viable option for the very wealthy, who are hopeful of keeping the precise details of their finances entirely private.

Keep it respectful

When Amazon founder Jeff Bezos and his wife MacKenzie announced their split after 25 years of marriage, they emphasised that the decision was mutual. But even when a couple part on amicable terms, the financial untangling is likely to be complex, simply because the sums involved, and the assets held, are so huge. However, neither party has said anything derogatory in public about the other, and both have moved on: MacKenzie married again two years after the divorce, her ex-husband Jeff has been with his girlfriend for two years.

I hope Bill and Melinda Gates both go forward in positivity and enjoy a fulfilling and happy future, and in particular I applaud their decision to continue to work together on their charitable foundation – showing respect for one’s ex is vital if they are to be a couple who, instead of being known for how wrong they got their divorce, are known for getting it right.

 

If you would like to consult one of our expert family lawyers about any aspect of divorce or separation, please do get in touch today. We are here to help you. 

More love and marriage…

Sarah Jessica Parker

More love and marriage…

We had such a great response to our recent Love and Marriage blog that we thought we’d add some more quotes to our special selection of celebrity words of wisdom about love, relationships and marriage.

Because there’s no doubt that on this topic everyone has their own opinion: some have their own personal deal-breakers, some know for certain the one thing that will melt their heart – and a lot of people will tell you it takes hard work and commitment.

See if you agree!

Katharine-Hepburn

“I often wonder whether men and women really suit each other. Perhaps they should live next door and just visit now and then.” Katharine Hepburn

 

Albert Einstein

“Men marry women with the hope they will never change. Women marry men with the hope they will change. Invariably, they are both disappointed.” Albert Einstein

 

Justin Timberlake and Jessica Biel

“We have a couple of rules in our relationship. The first rule is that I make her feel like she’s getting everything. The second rule is that I actually do let her have her way in everything. And, so far, it’s working.” Justin Timberlake

 

Anne Bancroft

“The best way to get most husbands to do something is to suggest that perhaps they’re too old to do it.” Anne Bancroft

 

Prince Philip and Queen Elizabeth,

“I think the main lesson we have learnt is that tolerance is the one essential ingredient in any happy marriage.” Prince Philip, Duke of Edinburgh

 

Rita Rudner

“I think men who have a pierced ear are better prepared for marriage. They’ve experienced pain, and bought jewellery.” Rita Rudner

 

Sarah Jessica Parker

 

“It seems so silly, but I think you’re very lucky if you like the person. I still just really like him.” Sarah Jessica Parker

How can I enforce a Children Act Order?

how can I enforce a Children Act Order?

How can I enforce a Children Act Order?

“They’re ill.”

“You were late by five minutes.”

“They don’t want to see you.”

“It isn’t on this week, you have your dates wrong.”

Above are just a handful of reasons that a parent might hear as to why a Child Arrangements Order cannot be complied with. But is this right and does this ultimately trump a court order? Associate Melissa Jones explains.

How can you enforce a Children Act Order? If you have been involved in Children Act Proceedings and obtained a final court order, there are consequences if a party breaches an order, as follows:

(a) They may be held in contempt of court and be committed to prison or fined; and/or

(b) The court may make an order requiring them to undertake unpaid work (an enforcement order) and/or an order that they pay financial compensation.

How does this really work in practice?

Essentially, the court makes the order and expects parents to ensure it works on the ground. There may be times though when a child is ill, or there is an emergency, for example , which might mean that the child arrangements cannot go ahead on occasion. However, this should not happen repeatedly and if it does then unless the other parent has “reasonable excuse” for not allowing the contact, then they would appear to be in breach of the order.

What is the enforcement court process?

There  is still an expectation that you take steps to resolve matters before applying to the court. As you may have heard before, the court is a last resort. It is best practice, before an application is made, to address the issue with the other party and inform them of the implications of not doing so.   If the matter is not resolved, then you may have little choice but to apply to the court for enforcement.

What happens when I make my application?

You can make an application to enforce the order if you feel that it has  not been complied with. At the first hearing the court can be asked to consider the facts of the alleged breach and, in some cases, if these breaches are not agreed, list a hearing to determine those facts. The court can also decide, if after listening to the reason(s) for non-compliance, if CAFCASS or Social Services need to get involved.

The court process usually follows the same process as your last case (the one where you obtained your final order), that is:

* First Hearing Dispute Resolution Appointment (FHDRA)- the purpose of the hearing is to try and agree matters as much as possible

* Review hearing- this will be listed if matters cannot be resolved at the first hearing and the non-compliance issue remains live. It might have been that a report was ordered at the FHDRA for CAFCASS or Social Services to complete, for review at this hearing

* Final hearing- where the court will make an order after listening to evidence from the parties

The bottom line in these types of cases is, that there is an order in force, and it should be adhered to. If a parent is not able to comply with an order, they are able to make an application to ‘vary’ the order to ensure that they do not indirectly continue to breach an order.

If the court finds that a party has not complied with the order it can take a number of steps as detailed above, but one of lesser known options, and quite a rarity, is to order a transfer of residence, with the child going to live with the other parent. The latter happened in the following case: Re C (A Child) [2018] EWHC 557 (Fam)

Given the implications of not adhering to an order and the court’s robust approach, it is best to get advice as early as possible.

If you are affected by any of the issues raised here, please get in touch today.  We are here to help you.

Love and marriage…

David Beckham, Victoria Beckham

Love and marriage…

As specialist family lawyers, sometimes we’re asked: “what makes a successful marriage?”

There’s no doubt that on this topic everyone has their own opinion: some have their own personal deal-breakers, some know for certain the one thing that will melt their heart – and a lot of people will tell you it takes hard work and commitment.

So we’ve gathered together a special selection of celebrity words of wisdom about love, relationships and marriage – see if you agree!

Dustin Hoffman and wife Lisa

 

“To have a successful marriage a man must, on a fundamental level, be scared of his wife.” Dustin Hoffman

 

Winston and Clementine Churchill

“My most brilliant achievement was my ability to be able to persuade my wife to marry me.” Winston Churchill

 

George Clooney and Amal Clooney

“I have someone who I can talk to about anything, and someone who I care more about than I’ve cared about anything. It’s nice.” George Clooney

 

Michael Douglas and Catherine Zeta-Jones

“For marriage to be a success, every woman and every man should have their own bathroom.” Catherine Zeta-Jones

 

John Legend and Chrissy Teigen

“I always have a note in my pocket that reads ‘John did it’ – just in case I’m murdered, because I don’t want him to remarry.” Chrissy Teigen

 

David Beckham, Victoria Beckham

“Do you go through tough times? Of course. That’s part of relationships. It’s part of marriages. It’s part of having children. It’s part of having responsibilities.” David Beckham

 

 

“Marriage is a wonderful invention: then again, so is the bicycle repair kit.” Billy Connolly

What the Family Mediation Voucher Scheme means for you

government mediation voucher

What the new Family Mediation Voucher Scheme means for you

In an attempt to battle the ever-rising number of cases before the family court, the Government is introducing a one million pounds mediation scheme to help separating parents avoid stressful court cases.

Associate Melissa Jones takes a closer look at what this new scheme could mean for you.

new family mediation vouchers

2000 families will be given £500 in total to use towards the costs of mediation. At present, if a mediation referral is made, either one party or both parties contribute to the fees, or there may be an exemption if certain criteria is met or legal aid applies.

The statistics provided by the government indicate that more than 70% of couples who use mediation resolved their issues outside of court.

Could mediation really help me?

The scheme is aimed at families who have disputes relating to private law children matters or financial matters relating to children of the family.

The information provided to date suggests there is an eligibility element to accessing the scheme in the first place, but if you do happen to obtain a voucher what can you expect from mediation?

What is mediation?

Mediation is a form of alternative dispute resolution which can help you achieve the resolution of many issues on which the court would otherwise decide. There are of course cases where mediation is not suitable – cases concerning domestic abuse or child protection issues for example – and the mediator will confirm this from the beginning.

Even with the pandemic, mediation is open and still accessible to hundreds of families up and down the UK and this is being achieved with remote appointments (via Zoom or Skype).  This might even seek to reduce any anxiety you have of being in the same room as your ex or former partner.

A trained mediator will allow both parties to speak and will look to see what matters can be agreed upon. It is a prerequisite to court that the parties attend mediation. The court places emphasis on mediation from the beginning and rightly so because the court is a last resort and if it can be avoided, it should.

Why it works

It is far better to reach an agreement between yourselves than have a court impose an order upon you. Mediation is effective in helping you negotiate an agreement regarding child arrangements or a division of property.

It is a positive if you and the other party who takes up this scheme, as it implies that you both have a joint goal of resolving your dispute.  If you do reach an agreement during mediation you can then take legal advice on this and make sure that any agreement is in your best interest.

Where it does not work

It is of course not suitable for those who simply will not engage in negotiations, or are unwilling to be flexible or to compromise, as this will be a counterproductive exercise.

A mediator also has no power to force you or the other party into an agreement and anything discussed in mediation is “without prejudice”, meaning you cannot rely on this in court proceedings.

What is being proposed?

What is being proposed under the Government’s mediation scheme is that once the parties have attended mediation and reached an agreement, it is then considered by a court before making it into a legal binding and enforceable court order.

It remains to be seen how this will work in practice, as mediators are precluded from giving legal advice and as such, the usual practice is that, if an agreement is reached, your solicitor would then advise you on the agreement before this is ratified by court. Thus, there is a question mark over when and at what stage you will engage your solicitor during the scheme, before the matter is considered by a court and what happens once you are in court proceedings.

We advise those who do take up the scheme to you stay in touch with their solicitor during the mediation process, and to ask for advice as matters progress.

If you are affected by any of the issues raised here, please get in touch today.  We are here to help you.

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