WHAT THE FAMILY COURTS EXPECT FROM PARENTS

Are you a parent thinking of asking for a court order?

As parents, you share responsibility for your children and have a duty to talk to each other and make every effort to agree about how you will bring them up.  Even when you separate this duty continues.  You should try to agree the arrangements for your child.  If you cannot agree you can ask the court to decide for you.  The law says that the court must always put the welfare of your child first.  What you want may not be the best thing for your child.  The court has to put your child first, however hard that is for the adults.  Experience suggests that court-imposed orders work less well than agreements made between you as parents.

What if we find talking to each other difficult?

The court encourages you to attend some sort of mediation or Alternative Dispute Resolution.  If you send in an application to the court asking for a court order you have to say whether you have tried mediation.  If you have not the court will encourage you to do so. 

Does this mean I cannot use a Solicitor?

No.  We can arrange the mediation for you and advise you as and when required whilst you are attending mediation.  In some cases solicitors attend mediation with you.  We can also write on your behalf to your partner and try and agree mutually acceptable arrangements for your child.  Just talking things through with us may help and we can provide guidance as to the best way forward for you.  We do, of course, offer free 30 minute and fixed fee appointments.  See our Family and Relationship page for further details.

For further information regarding family law and divorce issues please contact Julie Wain on 01785 211411 or Shani Carr on 01889 583871.

6 April 2009

Disclaimer

The contents of this article are for the purposes of general awareness only.  They do not purport to constitute legal or professional advice.  The law may have changed since this article was published.  Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.