Can I Stop Access to my Child?
Don’t you feel that some days you have just had enough? If your ex-partner, former husband or wife is making your life difficult, if not impossible, over contact with your child then that’s often the stage that Cheshire divorce solicitors are asked the question ‘Can I stop access to my child?’ There are many reasons why you might want to stop access or contact by your child’s other parent and that is why it is best to take legal advice from a Cheshire divorce and children law solicitor before stopping access.
Stopping access
Stopping access to your child is a big step to take and it is vital that you get it right. The repercussions of getting the decision wrong can be:
The child’s other parent applying to court to enforce any existing access or contact order
The child’s other parent applying to court and getting a child arrangements order so they have a court order for access to your child
Your child blaming you for the decision to stop access and saying that they want to see or even to live with their other parent
Your child’s other parent alleging that you have stopped access because of parental alienation (you are trying to alienate and distance your child from their other parent without any justification for doing so).
Whatever the background to your separation or divorce and the reasons why you feel driven to stop access, it often helps to sit down with a Cheshire children solicitor to look at your options and the alternatives to stopping access.
Reasons for stopping access
There are many reasons why you may want to stop access, such as:
Your child says they don’t enjoy their contact visits with their other parent as they are boring and they would rather be at home
You feel intimidated when your ex-partner calls to collect or return your child
Your ex-partner has stopped paying child support and you don’t think contact should take place if they can't be bothered to provide child support
You don’t want your child to see your former husband or wife's new partner during access visits
Your ex-partner keeps turning up late or cancels contact visits at the last moment so you don’t know, from one week to the next, whether contact will take place or not
The children always return from an access visit all ‘hyper’ and overtired and then can't settle back into their routine with you for days.
Those are just some of the reasons given for wanting to stop contact. It is vital to discuss the reasons to see if there are alternatives, such as:
Talking to your former partner about the contact visits to make them more fun for your child, rather than sitting around watching the TV. Those discussions don’t have to take place direct if you don’t think that would work. You could attend a joint meeting with your children law solicitor or use family mediation
You could agree that your child is collected from school or from a relative’s home to stop you having to come face to face with your ex-partner at contact collection and return times and so you are not intimidated or upset by the access handovers
You could let contact take place but apply to the Child Maintenance Service for child support
You could use a solicitor roundtable meeting or family mediation to discuss why you don’t want your child coming into contact with a new partner or the effect of missed contact visits or too much sugar, to see if your former partner will listen to your concerns.
As a parent you need to do what is best for your child and, after exploring the alternatives, you may conclude that stopping access is in your child’s best interests. How you should go about that will depend on whether there are any existing children court orders in place.
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Court orders and stopping access
If there is an existing:
Residence order
Contact or access order
Child arrangements order
Then you should take legal advice before stopping access to your former partner to your child. That’s because if you don’t take legal advice on the existing children court order you could find yourself responding to enforcement court proceedings.
If there is an existing court order in place, such as a contact order or child arrangements order, then you may need to make an application to the family court to vary the existing children court order before you can stop contact.
If there is no existing court orders in place you may be able to stop access but it is still best to take legal advice from a specialist Cheshire children law solicitor before doing so. That’s because a children solicitor can talk to you about alternate options and the prospects of your former partner applying to court so they can see your child under a child arrangements order. Sometimes, by stopping access quickly, after a particularly bad incident or trying weekend, it can play into the hands of your former partner and just create more headaches and hassle for you.
Our expert Cheshire children solicitors can look objectively at your options and help you work out what’s the best alternative for you and your children.
Contact Us Today
Louise Halford
Jan 20, 2020
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5 minute read
What is a Specific Issue Order?
When parents cannot agree over the arrangements for their children after separation or divorce, they do not necessarily need to apply for custody or a child arrangements order. Instead, their legal remedy may be an application under the Children Act for a specific issue order.
What is a Specific Issue Order?
A specific issue order is an order made by a judge of the family court. The order decides an issue that is in dispute in connection with any aspect of the exercise of parental responsibility for a child.
It is hard to explain what a specific issue order is and what it is used for without using examples of situations where parents have applied to court for specific issue orders.
Examples of Specific Issue Orders
A family court judge can decide on almost any aspect of parental responsibility if a parent applies for a specific issue order.
The most frequent types of specific issue order applications are about:
Whether a child should be educated privately or state educated;
The specific choice of private school or nursery. To some parents a school’s education and examination record is the key factor in choice of school. However, to the other parent, the distance from home or the quality of pastoral care or the fact that they went to a particular school are the reasons why they are at loggerheads with the other parent over the choice of school;
Whether a child should observe a particular religion and attend religious ceremonies or go to a religious school;
Whether a child should follow a gluten free or meat free vegan or vegetarian diet ;
Whether a child should be baptised or circumcised ;
Whether a child should be allowed to change gender;
Whether a child should be immunised;
Whether a child should be given a new first name or surname ;
Whether a child should go to a family event, such as a second wedding or act as bridesmaid or pageboy.
There are many other specific issue order topics. That is because the ‘’burning issue’’ in every family or separated family is always different. Therefore specific issue order applications are as individual as the families who struggle to agree on parenting decisions.
How Do You Agree a Specific Issue?
The best children law solicitors will not just give you the option of applying to court for a specific issue order from a family judge. That is because there are alternative options to making an application to court for a specific issue order. For example, you could:
Have direct discussions ; with the help of a solicitor in the background;
Go to a round table solicitor meeting ;
Attend family mediation ;
Use family arbitration;
Attend family counselling.
In appropriate family cases, mediation or counselling sessions can involve the child if the child is old enough to express an opinion and the child’s parents and professionals think that involving the child in the discussion is right for the child.
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Deciding a Specific Issue Order Application
The way a judge decides a specific issue order application is no different to how a judge decides on a child arrangements order application. That is because the judge has to consider and apply the same welfare criteria to make a decision.
A judge decides a specific issue order application based on what the judge believes is in the child’s best interests. The judge must consider a number of statutory factors (known as the welfare checklist) when making court decisions about children.
The Children Act 1989 welfare checklist lists the factors that the judge considers, including:
The ascertainable wishes and feelings of the child concerned, in light of his or her age and understanding; and
The child’s physical, emotional and educational needs; and
The likely effect on the child of any change in his/her circumstances; and
The child’s age, sex, background and any characteristics the court considers relevant; and
Any harm which the child has suffered or is at risk of suffering; and
How capable each of the parents and any other person in relation to whom the court considers the question to be relevant is of meeting the child’s needs; and
The range of powers available to the court.
The judge will carry out an assessment, of what they believe to be best for the child after considering the evidence and the welfare checklist.
It is not unusual for parents who are living together or who are separated to fall out over a specific issue relating to the parenting of their child , for example one parent not wanting the child to meet the new partner of their former spouse. There is often no one right or wrong answer when it comes to a specific issue order, as in most cases both parents think their standpoint is in their child’s best interests.
If you cannot reach an agreement over a parenting decision then the best option is to take some legal advice so you know where you stand legally and whether a specific issue order is a reasonable step to take in the interests of your child.
For legal help with any aspect of children law please contact our expert children lawyers today
Louise Halford
Nov 18, 2019
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5 minute read
How Much Will a Child Custody Case Cost?
We all know that children are priceless and that we will do anything for our kids. However when a couple decide to separate or divorce a lot of emotional energy and money can be spent on sorting out who has custody of the children or, for example, if the children should be allowed to move abroad with one parent or how much access or contact time one parent should enjoy with the children.
Children Court Proceedings and Cost Orders
Many parents think that if they get custody of their child (called a child arrangements order ) or get the type of access they asked for or if a judge stops a child moving abroad to live with one parent then as they have ‘’won ‘’ the court case, the court will make a costs order in their favour.
Cheshire children law solicitors will tell you that it is very rare for a court deciding a children case to make an order for costs. The normal costs rule in children law proceedings is that ‘’no order for costs’’ will be made. That means each parent has to pay his or her own legal fees.
The court in children court proceedings does have the power to make costs orders. However, a family judge will only consider making a costs order in cases where the conduct of a party has been reprehensible or unreasonable. That is a pretty high bar. That is why most children law solicitors advise, at the outset of court proceedings, that the parent should assume that they will not get the court to make a costs order in their favour.
Costs Orders and Unreasonable Behaviour
A recent example of where the family court was persuaded to make a cost order in child abduction proceedings is the case of Re J (Children).
The background to the court case was that a mother applied for court permission to take her children to Ukraine for the purpose of a holiday. The children did not return to the UK at the end of their holiday. The father started court proceedings for the return of the children and a number of court orders were made. They were not complied with.
The judge made a cost order against the children’s mother and maternal grandfather. This was because the judge thought the mother had duped the father and the court and had never planned to return the children to the UK after the court gave her permission to take the children on holiday.
The maternal family appealed against the cost order but the appeal court decided that as court orders ordering the return of the children to the UK had been flouted it was appropriate to depart from the usual rule in children law proceedings that both parents pay their own legal fees.
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Children Court Proceedings and Costs
Although the father, in the case of Re J, was successful in securing a costs order Cheshire children law solicitors still urge parents contemplating starting court proceedings to go ahead on the basis that the overwhelming likelihood is that each parent will pay their own legal costs.
That is why it is vital that parents choose their children law solicitor with care to make sure that not only is the solicitor an expert in children law but they explain fully the court options and the potential costs involve and provide a transparent price guide .
For assistance with your child custody and contact case please contact us.
Louise Halford
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3 minute read
Top Tips on How to Deal With Parental Alienation
Parental alienation is one of those topics that parents do not like to talk about. Many parents feel embarrassed if they are prevented from seeing their child after a separation or divorce. Parents worry that others will judge them, assuming that they must be at fault if they cannot see their children.
Lots of people assume that if parental alienation has taken place the parent who is not having contact with the children must have done something ‘’bad’’. However, the definition of parental alienation is one parent turning the mind of a child against the other parent and the child’s negative view of the parent not being justified by any parental behaviour but because of the deliberate or unintentional psychological manipulation of the child.
Top tips on how to deal with parental alienation
Sometimes it is obvious to everyone involved with a child, from family to schoolteachers and health professionals, that parental alienation is taking place. In other families, the process is more subtle but just as insidious.
For parents who fear parental alienation is taking place there are some tips on how to deal with parental alienation and maintain a relationship with your child.
As a specialist Cheshire children solicitor who advises parents in high conflict court cases, I recommend that you:
Take legal advice quickly
If you think, your ex-partner or former husband or wife is talking inappropriately in front of your child and that is creating tension in the relationship between you and your child it is important to act quickly. If you wait then the situation may get to the stage that the child is so alienated that they say that they do not want to have contact with you.
If you are not able to speak to your former partner direct then you could try speaking to a family member or you could suggest a referral to family mediation or to family counselling. If those options do not solve the difficulties, do not delay in taking legal advice and looking at the option of applying for a child arrangements order.
If you delay in taking action then if the parental alienation behaviour continues it will become harder to resolve the situation and repair the psychological damage experienced by your child.
Do not blame the child
It is normal to think ‘’my daughter is behaving just like her mother’’ or to say ‘’ the apple does not fall far from the tree’’. When a child is playing up or refusing to speak to or see you, it is easy to transfer your frustration with the situation onto the child. After all, why can't your child stand up for themselves and demand more contact with you or why can't they at least look cheerful when they do see you. As frustrating as it is, blaming a child or showing your exasperation with the situation is likely to make the situation worse.
Do not blame the parent
When you get frustrated about parental alienation, it is easy to think that the solution is to tell your side of the story. In the process, you are likely to denigrate the other parent, and that is likely to make your child more insecure and anxious, and less inclined to have contact.
Do not walk away
The statistics of how many parents lose contact with their children after a separation or divorce is appalling. Many of those cases do not involve parental alienation but nonetheless it is sometimes easy to think that your child would be ‘’better off’’ without you.
Most children law professionals believe that a child needs and deserves a loving relationship with both parents, even if that has to be achieved through the making of a child arrangements order.
Find time for other things in your life
If you experience parental alienation, it is easy to obsess on your ex-partner and their behaviour. By doing that you can play into their hands. It is important that you find time to enjoy other aspects of your life during any children court proceedings.
What will the court do if it thinks that parental alienation has taken place?
If you make an application for a child arrangements order the court will carefully consider whether contact is in your child’s best interests. If a child is saying that they do not want contact because of parental alienation, the court can take some proactive steps to try to help you build a relationship with your child. In extreme situations, where a judge finds that the parental alienation has caused emotional harm and that the primary carer dos not understand the damage created by their actions, the judge can make an order to change the primary carer of the child.
How can Evolve Family Law help you?
Evolve Family Law is a niche family law firm with offices in Cheshire and Whitefield, Manchester. Evolve Family Law solicitors provide advice on all aspects of family law. Our solicitors at Evolve are specialists in children or family finance law.
Whatever your children or family law concern, Louise Halford and the children law team at Evolve Family Law solicitors will work with you to help you reach a solution.
To contact Louise Halford call her on +44 (0) 1477 464020 or email her at louise@evolvefamilylaw.co.uk
Louise Halford
Oct 14, 2019
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5 minute read
A Guide To Holidays Abroad With Children After Separation Or Divorce
Most of us are gearing up to the school summer holidays, closely followed by the annual holiday to the sun with the children. Whilst the majority of us will not forget the children’s swimsuits or sun screen as we are rushing off to the airport , many separated or divorced parents will forget the ‘’holiday rules’’ when setting off on holiday with their children . Therefore, Evolve Family Law have put together this short guide to holidays abroad with children after separation or divorce.
A Guide To Holidays Abroad With Children After Separation Or Divorce
1. Agreement to the holiday
If you are a separated parent, you may think that no one can dictate what you do with your children during the time you get to spend with them. However, unless you have a child arrangements order that says the children live with you, it is necessary to have either your former partner’s written agreement to the holiday abroad or a court order giving you permission to take the children abroad on holiday.
2. Be prepared
If you know that you need your ex-partner’s agreement to take the children abroad on holiday then be prepared and plan in advance so you have time to agree school summer holiday dates and get agreement in writing to your planned trip abroad. If you cannot get your ex-partner’s agreement then it still pays to be organised. That is because an application will need to be made to court to secure an order to give you permission to take the children abroad on holiday.
3. Take the paperwork
With luggage allowances on some aeroplanes it can be tempting to only pack the essentials. However, evidence of your former partner’s agreement to your taking the children abroad on holiday is one of those essentials. You do not need reams of paperwork, a court order or the agreement is sufficient. Even if you do not take the agreement document with you, then as a minimum you should take a text or message confirming the agreement to the overseas holiday.
Why? You may take the view that as your ex-partner has been brilliant about agreeing to your taking the children for a week abroad you do not need to burden yourself with extra paperwork. However, even if your ex has not alerted the airport police to a possible child abduction (yes, it does happen just as in the films) an airport official may start to ask questions if children are travelling abroad with one parent, especially where parent and child have different surnames.
Airport officials are not there to trap travelling dads but to spot children being trafficked into or out of the UK. Whilst we can all understand the vital work officials do it is not pleasant to be caught up, with your children in tow , in delays at the airport because you did not take the paperwork with you . If you have a different surname to your child, you can think about taking a copy birth certificate or change of name deed, just in case questions are asked.
4. Communicate
You may think that your ex-partner worries unnecessarily. They may well do. However, parents do worry if their children are abroad, even if they are with their mum or dad. The parent who is waiting for the children’s return to the UK may be panicking if they have not had a text from the children or if the flights are delayed. A quick message can not only avoid a fraught reunion between children and parent but can also avoid a parent refusing to agree to your taking the children away abroad again.
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If you need legal assistance with applying to take children abroad or advice on existing childcare arrangements or court orders then please contact us
Louise Halford
Jul 10, 2019
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4 minute read
Agreeing Child Contact
When a relationship breaks down parents need to reach an agreement on contact arrangements for their children. If they cannot do so, a family court judge can make a child arrangements order settling with whom the child should live and the contact arrangements. Child law advice can help parents avoid child arrangements order court proceedings by helping them reach an agreement.
Agreeing child contact after separation or divorce
Most of us like to think that if we were to split up from our partner we would still be able to communicate over the kids and sit down and sort out contact. However many separated or divorced couples find it hard to reach agreement on contact. They often need child law advice to help them reach a resolution and avoid court proceedings.
Some parents worry about asking for children law advice, thinking that a solicitor will just recommend making an application to the family court for a child arrangements order to sort out residence and contact.
The reality is that not all children law solicitors are like that. Most good children law solicitors will help a parent look at the contact options by considering contact from your ex-partners or child’s perspective, looking at the practicalities of what you both want, and advising on the sort of child arrangements order that a court might make if either you or your ex-partner were to make a court application.
Shared care and equal parenting
You may think that there is only one contact arrangement that will work for you and your family. Perhaps you know other separated families and the children all live with one parent with the other parent has alternate weekend contact. If your ex-partner wants to share the care of the children, and you do not know any other separated families that do that, their proposals can seem unworkable. However, parents can agree to and courts can order shared parenting of children.
Shared care does not have to mean that children spend an equal amount of time with each parent. Shared care can involve overnight mid-week contact and the sharing of school holidays.
Often the question of whether shared care and specific proposed contact arrangements will work for a family will hinge on practical considerations. For example, the distance of the school commute from both parent’s homes and both parent’s ability to communicate over mundane items, such as whether the school homework has been done or the washing and the handover of the school PE kit.
A good children law solicitor can act as both a sounding board for shared care and contact proposals as well as advising on what a court is likely to order, after assessing your child’s needs and the family circumstances. Whilst parents always know their child’s needs best if it comes to court proceedings a judge will carry out their own assessment and make a child arrangements order. That is why good children law solicitors recommend trying to agree contact after a separation or divorce so parents remain in control, rather than the court.
Shared parenting – a campaign for law reform
Campaigners are asking the government to change child custody law so there is a legal presumption that in every case where a mother and father separate or divorce, the mother and father will share the parenting of their children.
Campaigners are calling for the start point when sorting out custody of children after a separation or divorce to be that children should spend roughly an equal amount of time with their mother and father. The campaign is supported by a recent YouGov survey in favour of shared parenting. Eight out of ten of the two thousand people who took part in the survey agreed that there should be a presumption of shared parenting after a separation or divorce unless the family situation meant there was a proven risk to the child of joint custody.
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Legal advice for child custody
Manchester child custody solicitors say it is important that parents who want to agree contact after a separation or divorce take legal advice on child custody and contact. That is because communication between parents in the early days after a separation or divorce, can make a vast amount of difference to what contact arrangements can be agreed or the court is prepared to order.
Child custody solicitors know that when it comes to either agreeing contact or asking a family judge to make a child arrangements order the presentation and preparation of your proposals is the key to success. In the future, for those parents who want to share the care of children after a separation, making the case in court for shared parenting may become easier if the government makes changes to child custody law. In the meantime, parents need a child custody solicitor who will listen to what they want and advise on the best way of agreeing contact after separation or divorce.
For legal help agreeing contact or on any aspect of children law please contact us
Louise Halford
Jun 27, 2019
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5 minute read
Can I Move With My Children After Divorce?
If a parent had asked me the question "After my divorce, can I move to another part of the country with my child?’’ a few months ago I would have said "Yes you can", unless the family situation was complicated.
As a Manchester children solicitor it is always hard to explain to a parent why different rules apply if, after a separation or divorce, you want to relocate in the UK or abroad with your child.
The law and moving within the UK with a child
The law on relocating with a child within the UK not always clear. Imagine the scenario of a parent who wants to move from Manchester to Cornwall. Anyone who has made the trip by car, train, coach or plane knows that it is far easier and quicker to get to some locations in France or Spain than get to Cornwall.
Until recently, our children solicitors’ advice would have been that it was unlikely that a court would stop the primary or main carer of a child from moving within the UK. That advice was given whether it was a move from Cheshire to Derbyshire or further afield, for example, to Devon.
The only reported family court cases where a parent, usually the mother, had been prevented from moving within the UK with a child was when there were highly exceptional circumstances. For example, the child had a disability.
The internal relocation of children and the case of BB V CC
The case that is proving of such interest to Manchester children solicitors is that of a 3-year-old little boy in a family court case labelled ‘’BB V CC’’.
The mother and father separated and the move took the child from South East England to the North. Court proceedings were started. The court made a shared custody or child arrangements order and said the mother would need to move back to the south with the child so that shared custody with the father would work.
The child’s mother appealed against the decision.
The facts of most family cases are a little more complex than the bare bones. In family cases, it can be the detail that sways a judge’s decision. In every family court case, the decision has to be about what is in a child’s best interests.
In the case of BB V CC, the parents had an arranged marriage. The mother came to the UK to live with her husband at the paternal family home in London. When the child was about one the parents separated. The mother relocated to the North.
The father saw this as child abduction as the mother had not discussed the plan with him. The mother made serious allegations of domestic violence against the father and his parents.
The court decided that the allegations of domestic violence against the paternal family were not established. The judge was concerned that parental alienation might take place if the father was not able to share the care of the little boy.
The court ordered temporary contact but said the mother should relocate back to the southeast, near to where the father resided.
The court said if the mother did not move back to the southeast with the child the court would think about giving the father custody of the child.
The Appeal
The mother appealed against the judge’s decision. She said there were no exceptional circumstances that should require her to relocate with the child within the UK.
The appeal judge decided that the care of the little boy should be shared. The court said it was not possible for both parents to share the care of their son and live at other ends of the country. The judge therefore refused the mother’s appeal.
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Parental alienation and moving after divorce
In the court judgment, the judge said she thought that parental alienation might take place if the mother stayed in the northeast and brought up the child with infrequent contact with his father.
The judge said the child could suffer emotional harm if parental alienation took place.
Internal relocation and exceptional circumstances
The judge in the case of BB V CC considered the case law and decided that a children case did not have to be exceptional in order to make an internal relocation order.
The judge said that the court should assess what was in the child’s best interests, and that the child’s welfare should be the court’s paramount concern.
Opposing the internal relocation of children
The court decision of BB V CC is likely to increase the number of parents wanting to bring court applications to try to use the court process to stop a parent and child from moving within the UK.
Our children solicitors anticipate that, for parents wanting to move, it will be argued that the case of BB V CC should be looked at on its family facts. Namely the judge’s dismissal of the allegations of domestic violence and her concerns about parental alienation by the mother if the child was brought up a long distance away from the father.
The law and relocating abroad with a child
The law says that if a parent wants to take a child abroad to live then they need the written agreement of the other parent or a court order giving them permission to take the child abroad to live.
How can Evolve Family Law Solicitors help?
To get legal assistance from our children law expert Louise Halford about the internal relocation of children in the UK , children law applications and child arrangements orders please contact us.
Louise Halford
May 24, 2019
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5 minute read
What Does Co-Parenting Mean?
When you are separating, a lot of words get thrown around including custody, contact, access, child arrangements, shared parenting and of course, co-parenting. I am sure that many parents' heads must spin with all the legal jargon.
In recent years, one of the "buzz" words has been 'co-parenting'. What does co-parenting mean when you separate or divorce?
Child Custody Terminology
Perhaps the best place to start is with an explanation of all the children law terminology used to describe who the primary carer of a child is. As a children solicitor who has been representing parents in children law applications for over 20 years, I am old enough to remember the times that judges routinely made custody and access orders.
I still refer to custody and access. That is because parents refer to custody and access. It is not surprising that they do, as the papers, television programmes and films all talk about custody and access. I suspect that is because the media and producers think readers and viewers are not up to date with new terminology.
The law changed the name of custody orders to "residence order" and access to "contact order". Those labels didn't stick around for that many years. The current terminology for a children custody, access, residence or contact order is a 'child arrangements order'.
What is a children arrangements order?
A child arrangements order combines a custody and access order by specifying what time a child will spend with each parent.
The terminology is meant to make both parents feel of equal value as in most family situations both parents share parental responsibility for their child. This means they have equal rights and responsibilities for their child. That is the case even if they do not spend the same amount of parenting time with the child.
The rationale behind the change in terminology was to get away from the idea that there was one parent who should be labelled as "the parent with care" or the "primary carer" and an "absent pareant".
What does co-parenting after separation or divorce mean?
Depending on to whom you speak to, you will get a different answer about what co-parenting means after a separation or divorce.
To me, co-parenting is about co-operative parenting. It is about parents sharing the care of their child after a separation or divorce.
What co-parenting does not mean is a slavish equal split of time spent with each parent or an equal split of day-to-day responsibility for a child.
What co-parenting does mean in practise is:
Providing consistent parenting in both households, so that is some consistency of routine, of style, of style and types of discipline and of chore expectations.
Communication between parents so that they know of issues in the child's life, such as a bad day at school or a falling out with a best friend.
Discussion between parents so, for example, a child doesn't end up with 2 similar presents on their birthday but perhaps one joint one.
Playing to parents' strengths and weaknesses. If a parent does not like football, but the child does, arranging contact around football so that the other parent shoulders the responsibility of taking the child to matches and shouting at the side-lines.
Respecting the other parent and their role in the child's life, even if they do not spend an equal amount of time with the child. So, for example agreeing that a child can spend fathers' or mothers' day with the correct parent, whatever the parenting regime; or making sure a child has bought a birthday card or present for a father or mother.
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Co-parenting is all about sharing parental responsibility
This can include child maintenance, but, just as importantly, it can involve one parent supporting the other parent if they have made an unwelcome decision, such as limiting i-pad time to an hour a day or confiscated a mobile phone.
The other important thing to remember is co-parenting can involve others, such as grandparents, stepparent or extended family. It can be very hard to think of others having a role in your child's life, but it is easier for the child if they can talk to you openly about life at home with their other family.
As a children solicitor, I am often asked about changing parenting arrangements. We often forget that a child grows up and that the contact that works at age 8 may not suit the child's needs at age 13. Co-parenting therefore has to evolve with the changing needs of both the child and the family composition and location. After all, half siblings may arrive later to join a child in a household or a parent many have to move out of the area with their job.
However a parents chooses to parent their child, I always recommend that when they are thinking about separating or divorcing, that they try to look at the parenting arrangements from the perspective of the child's needs. Your needs may coincide with the child, but having a child-focus often makes it easier to agree on the custody, contact and parenting time.
There are always some parents for whom co-parenting and agreeing on custody and contact is not an option for a whole variety of reasons. That is why, despite the changing terminology, there is always the last resort option of applying to court for a child arrangements order.
For legal help with children law orders, custody and contact and parenting arrangements please contact us today
Louise Halford
Apr 05, 2019
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5 minute read
What is Parental Alienation?
Behaviour that a parent views as parental alienation may, to the other parent, be reasonable.
Children solicitors and family judges do not always agree on what amounts to parental alienation either, because parental alienation is a very subjective concept. However when a parent’s attitude towards their ex-partner steps beyond the line it amounts to parental alienation. The debate is normally where the line is crossed and what should be done about it.
The Definition of Parental Alienation
Lord Justice McFarlane defined parental alienation as:
‘’The turning of the mind of a child against a parent by the other parent , either deliberately or inadvertently , resulting in the child holding a wholly negative view of the other parent and that negative view not being warranted by the other parent’s behaviour to the family or in the parent - child relationship.’’
What Can You Do About Parental Alienation?
If you think your children have been alienated from you because of comments or actions on the part of your ex-spouse or partner then we recommend that:
Reflect and take time to look at your behaviour.
Have you made negative comments about the mother or father? If so, could they be aware of the comments and could that have escalated parental tension?
Analyse why the children may be feeling negative about contact.
Could their attitude be in some way down to your behaviour or your new circumstances? For example have you had to rearrange many contact visits or not been able to get to school sports day? Do you have a new partner and stepchildren or have you moved home? Sometimes it is easy to blame your ex-spouse or partner for the children not wanting to see you. However sometimes it pays to be honest with yourself and look at whether the children’s views may be down to your behaviour or changes in your home circumstances.
Look at temporary alternatives to direct contact.
If contact has stopped as your ex-spouse has said, the children do not want to see you, then still try to maintain contact. Even if you cannot see the children, you may be able to send text, emails, cards and gifts. It can be hard to keep sending notes and messages to a child and get nothing back but it is important to persevere.
If your ex-spouse stops direct contact and you do not maintain indirect contact then it will be harder to restart the relationship with the children. It is hard to write and contact a brick wall but it is worth doing so that your children know that they are not forgotten.
Don’t delay
If you think that parental alienation is taking place it can be hard to know what to do. Sometimes it is tempting to think that the best thing is to do nothing because you think the children will ‘’come round in time’’ or that your ex-spouse will mellow and let you see the kids.
If a long time goes by without seeing the children it will be harder to restart contact. Even if you fear that you have left it ‘’too late ‘’ remember the adage that it is ‘’ never too late’’.
Take legal advice
If your ex-spouse has stopped contact and it is down to parental alienation then take advice from a specialist children solicitor. Parental alienation can be difficult to prove and even trickier to sort out. It is therefore important that you get legal advice on your options.
Be open to alternative options
If you get legal advice from a specialist children solicitor, they will not necessarily advise you to start court proceedings. Expert solicitors should look at a range of options and work with you to make sure that your relationship with the children is resumed as quickly as possible and without causing additional animosity with your ex-spouse.
Alternatives to court proceedings for children orders include:
Mediation
Family therapy
Counselling
Round table meetings with solicitors
What Can a Judge do about Parental Alienation?
If you start court proceedings and the judge decides parental alienation is a possibility, the following orders can be made:
The appointment of a court appointed expert assessment to assess if parental alienation has occurred and the impact on the children ;
A child arrangements order so you can have contact with the children. The contact could be built up gradually at the pace of the children;
In extreme cases where a judge finds that the parental alienation has caused emotional harm the judge can change the primary carer of the child.
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How can Evolve Family Law help you?
Evolve Family Law is a niche family law firm with offices in Cheshire and Manchester. We advise on all aspects of divorce, family, and children law. All of our solicitors at Evolve are specialists in either children or family finance law.
Our joint director Louise Halford has years of experience in representing parents in complex and highly emotionally charged children court proceedings. Many of her cases have involved allegations of parental alienation. Louise Halford tenaciously represents parents in children proceedings and secures children arrangement orders for access and contact in often highly complex and emotional cases. Louise Halford and the children law team at Evolve will work with you to help you reach a solution. Contact us today.
Louise Halford
Jan 04, 2019
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5 minute read
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