Whether you are going through a divorce or separation, deciding on the arrangements for the children can be complicated.
As parents, you have a responsibility to promote your children’s well-being.
It should reassure you that clear guidance is set out within the law to protect the rights of your children.
It can all feel very overwhelming trying to agree on matters concerning your children, especially if you are struggling to communicate with your ex-partner or they are refusing contact altogether.
You may well be thinking….
- Where do I even start?
- What do I need to do?
- How can I resolve it quickly?
- How much will it cost?
This is where Jemma can come in to help with the following hints and tips.
Make a Parenting Plan
If both of you have the same interests in mind and want to agree on arrangements for your children, you may want to draft a Parenting Plan, so you have a written document setting out each of your responsibilities and a breakdown of the childcare plan.
A parenting schedule should set out the new routine clearly and concisely and will be a guide on how the child’s time will be spent between you to effectively co-parent.
In doing so, you should consider including the following:
- How will you establish a healthy form of communication? This will be vital in every aspect from the small affairs to the big decisions.
- How can the finances concerned with supporting your children be provided?
- How can you maintain your goals?
Even though a Parenting Plan is not a legally binding document, it can go a long way to help narrow the issues and help you to move forward.
The Mediation Process
In the unfortunate circumstances where you cannot come to an agreement, you must attempt mediation. This can be very useful way to resolve any child arrangement disputes in a cost-effective way and you must demonstrate that you have attempted mediation before you can apply to Court for a child arrangement order.
To define it simply, a mediator is an independent third party that will form a bridge of communication between both parents to help reach an amicable agreement.
Both parents will need to attend a MIAM (Mediation information and assessment meeting) to assess whether the case is appropriate for mediation.
Child Arrangements Order
You can apply for a child arrangements order through the court if an agreement cannot be reached through solicitor’s negotiation or mediation. An application to the Court under the Children Act 1989 is seen as the final resort to resolve all matters that remain in dispute.
Court proceedings can feel overwhelming and daunting and should only be issued if there is an unavoidable necessity to do so.
Jemma fully appreciates that this can be an emotional and stressful time and she is fully able to assist you through this difficult time, whether it’s guiding you through the process, preparing any required documentation or representing you at Court.
If you need more help or advice with children matters, please call Jemma on 07534 175310 for advice.
Jemma Wentworth is a family lawyer who offers family law services throughout the UK as a Consultant Legal Executive for Ann McCabe Solicitors.