Children Applications - Legal Support for Parents During Relationship Breakdown
When a relationship breaks down, it is a very challenging time and you will be worrying about what will happen with the house and the financial issues following a breakdown, but your main concern will be your children and that is where we can provide legal advice and support you. We will provide you with clear advice on the processes involved and will be here to guide you through the process.
As parents, we want what is best for our children and to protect them from any distress following the breakdown of a relationship. This is not always possible for a number of reasons. There can be allegations of emotional or physical abuse, police or social services involvement or issues with communication. We are here to help you work through this to make the process as stress free for you and the children as possible. We will explain the different options to enable you to make informed decisions.
Children are very resilient, and it is helpful for the children if you can talk to them together about what is happening and to be as open and honest as you can with them. The children do not need to be involved in why the relationship has broken down, simply that it has.
Ideally when you separate, you and your ex-partner would sit down together and try to reach an agreement about where the children will live and how much time they will spend with each parent. We appreciate this is not easy and in some situations simply not possible.
So how do you resolve any issues around the children and where can you get help?
If you are unable for whatever reason to resolve issues between yourselves, the first step is to seek independent legal advice, and this is where we come in.
We will arrange an initial appointment for you at an office locally to you or by telephone or Zoom if you would prefer. There is no charge for this appointment and we are able to provide you with some general advice to help you decide how to proceed.
If you would like us to help and support you, the second appointment will be to take more detailed instructions and to provide specific advice on your situation. There are several ways to resolve issues relating to the children, to include:
1. Mediation
In most cases, this is the first step. You would both attend a meeting with a mediator (without your ex-partner being present) to see if mediation is suitable for you and then the mediator would work towards assisting you in reaching an agreement. If successful, we would then suggest that agreement is recorded in open correspondence between solicitors. It is important to note that this is not a legally binding agreement, but it does show the courts (if needed at a later date) what your respective intentions were. Mediation can take place with you both in the same room or the mediator can arrange shuttle mediation so that you are in separate rooms and the mediator will shuttle between you.
2. Negotiations between solicitors
If mediation is not appropriate or does not work, we can discuss with you negotiations between solicitors. We would work with you to establish what you are seeking and to try to reach an agreement with your partner.
3. Court Application
If it is not possible to reach an agreement in mediation and/or in negotiations the only option maybe to issue court proceedings.
We can assist you in completing the application (C100) and any supporting documentation (C1A). We will then send the application to the court, and they will arrange to issue it and will set a date for a court hearing known as the ‘Directions Appointment). There are normally 1 to 3 hearings depending on the issues involved.
a) Directions Appointment
This is the first hearing and the court will consider what procedural directions are needed to move the case forward. This may involve:
• An order for social services to provide disclosure of any investigations they have undertaken.
• An order for the police to disclose crime reports, witness statements, police interviews and body cam footage.
• The preparation of witness statements by the parties and sometimes other witnesses.
• The preparation of section 7 report by social services (also known as a Cafcass report). This is where an independent social worker will meet with both parents and the children and will consider what would be the best arrangement for the children.
• The listing of a fact-finding hearing. If there are allegations of abuse (either physical or emotional), the court will need to consider if they need to take this into account when dealing with the children issues and in particular if they need to hear evidence about the allegations. The courts will avoid fixing a fact-finding hearing unless really necessary as it increases costs and tensions between the parties.
b) Resolution Hearing
The court will normally fix a hearing to see whether having obtained the information above, it is possible to reach an agreement to resolve the matter. So if for example the Section 7 report sets out recommendations, the judge will hope it will be possible to resolve the issues in line with those recommendations. Both parties and their legal representatives will attend court and some time will be spent seeing if it is possible to reach an agreement. If there is time, the parties will also try to start negotiations before the hearing takes place, but the Section 7 report is frequently only received a few days before the hearing.
c) Final hearing
If it is not possible to resolve the matter at the resolution hearing then the court will list a final hearing. Both parents and any other relevant witnesses (to include the author of the Section 7 report) will give evidence and the Judge will then decide what is the most appropriate order taking into account the evidence from the parents, the papers and any reports.
We appreciate that this article may raise more questions for you and we are happy to deal with your questions at our first meeting.
If you're seeking expert legal advice tailored to your needs, contact us today on 0800 999 4437. Our experienced legal team is here to help you understand your legal position and guide you on the best path to achieve your goals.
We offer a complimentary initial consultation, so take the first step by calling us today or arrange your consultation below. We're ready to assist you in securing the best possible outcome.
