Going
through a divorce is never an easy process and when there are children
involved, it can become even more emotionally charged and challenging for the
entire family. Along with divorce proceedings, the divorcing couple must also
come to an agreement over child custody; who is going to be responsible for the
children and how will custody be shared? Making this decision can be difficult,
however, with support from professional family law solicitors, coming to a
resolution amicably is an achievable goal.
Lawyers,
judges and parents alike are increasingly trying to break down the traditional
gender norms in society, which often lead to fathers having less contact with
their children. Shared or joint custody is on the rise in the UK and this is a
good thing- it benefits the child in that they’ll have a more balanced family
life and both parents can enjoy spending an equal amount of time with their
children.
Throughout
divorce proceedings that involve children, the needs of the child must be
prioritised above anything else. Working with a qualified family lawyer helps
parents to keep this in mind as they come to an agreement. Every family needs
sensitive and compassionate support along with professional and efficient legal
advice that allows them to come to a resolution that works for everyone.
Below, we
explore exactly how a family law solicitor can guide you through the divorce
process, including helping you to understand what the options are for child
custody arrangements. If you’re currently experiencing problems within your
family, this helpful guide will give you the reassurance you need to find a
lawyer who can help.
How can a family law attorney help you through
a divorce?
Even in the
most amicable divorces, getting family legal advice is a good route to take.
Whilst things may start off civil, divorce proceedings can quickly turn ugly as
tensions begin to rise. In the unfortunate circumstance that your child custody
case needs to go to court, you’re required to show the court that you’ve
actively sought to try and resolve the arrangements using a professional
lawyer.
When it
comes to legal advice during a divorce, there are two main avenues you can go
down- either collaborative law or mediation.
Collaborative law
Collaborative
lawyers are specialist family solicitors who work with divorcing clients in a
series of face-to-face meetings. Each spouse has a lawyer to represent them and
discussions take place between all four people in order to work towards an
amicable divorce and child custody agreement.
For couples
who are struggling to communicate, collaborative law is the best option as both
opinions are fairly represented by a legal expert and the final custody
agreement will hopefully be balanced and fair for the entire family.
Mediation
Whilst collaborative
law can work for less amicable divorces, mediation is generally the most
popular option as it is more informal and cost-effective. During mediation, a
family law expert takes on the role of an unbiased mediator and oversees
discussions between a divorcing couple. Depending on your own individual needs,
you can choose to have a one-off mediation session or a series of meetings-
either way, mediation is a positive route towards an amicable decision,
supported by the advice and guidance of a legal expert.
For
divorcing couples with older children, you also have the option to include them
in the mediation process; this is known as child-inclusive mediation. In this
instance, the mediator will meet with the child or children independently in
order to understand what they hope to see in the child custody agreements so
that they can be represented in the decision-making process. Child-inclusive
mediation is suitable for children of around 11 years or older and is an
extremely valuable service both for the child’s independence and the entire
family’s communication. With complex divorce proceedings, it’s not uncommon to
see the needs of the child pushed aside, however, if they’re involved in the
legal process through child-inclusive mediation, their wishes and feelings will
be heard loud and clear.
What is a child custody agreement and how can a
family solicitor help?
Using the
legal services described above, couples are not only able to begin navigating
their divorce proceedings, but can also come to a decision about who is going
to take responsibility for the children. We often hear of brutal custody
battles in the media, but what does it actually mean for the everyday life of
families? In this section, we’ll help you to understand what a child custody
arrangement entails and how a family lawyer can assist the process.
Custody
essentially means ‘residency’ and is generally decided upon based on the
following factors:
● Each parent’s role in raising the
child since birth.
● Each parent’s situation going into
the future (e.g. their financial situation).
● The personality or behavioural traits
of each parent.
● The child’s preference.
When it
comes to child custody agreements, there are a few different outcomes available
which range from legally binding formal agreements that outline specific
contact hours, to verbal and informal shared arrangements. Whilst an informal
agreement demonstrates a civil marital breakdown, it is always advised to get
everything in writing as no one can predict what the future may hold. Below, we
take a look at what the options are for child custody and how they might suit
different families.
Parenting Plan
A Parenting Plan
is a bespoke child
custody arrangement devised between two parents after separation. It outlines
the practical issues of parenting, namely the living, education and health care
arrangements. In a Parenting Plan, the custody arrangements are clearly laid
out in writing and this acts as a valuable reference to go back to throughout
the child’s life as the arrangements will inevitably change to suit their
needs.
Whilst a
Parenting Plan is a good first step to summarising your decisions, it is only
an informal written agreement; if you wish to make it legally binding, you can
formalise your plan with a Consent Order. This will make the plan enforceable
through the family court, should any disagreements occur between you and your
ex-partner. To file for a Consent Order, you’ll need to send your written plan
to the local family court to be approved by the judge. The process does involve
a fee, however, it will overcome any messy misunderstandings going forward.
Shared or joint custody
A Parenting
Plan can consist of a bespoke set of arrangements, however, it could also
follow the rules of a shared or joint custody agreement. Shared custody is the
preferred outcome for most families, as long as it’s safe and appropriate. It’s
the most balanced solution as the child spends an equal amount of time with
each parent and both parents have equal involvement in key decisions in the child’s
life. The child or children will have two official homes, however, the parents
will have to decide which home is going to be their primary residence. In a
shared custody agreement, children generally experience more security and
stability and have a more balanced family life.
Since
campaigns like the Fathers 4 Justice campaign launched in 2001, shared custody
arrangements have become much more popular. They especially suit working
fathers, who otherwise may have lost out because of entrenched gender roles in
society.
With family
law legal advice, shared custody is an achievable goal for all families. Either
through collaborative law or mediation, parents can discuss their own needs, as
well as those of their children, in order to come to a decision where the child
sees both parents equally. However, as we all know, divorce proceedings can get
messy and child custody battles do unfortunately happen- in this case, the
court will arrange a Contact Order.
Contact Order
If joint
custody cannot be agreed, a Contact Order is issued by the local family court.
This will state that one parent will hold the majority of the responsibility
for the child or children, whilst the other parent sees the child at set times,
for example, every other weekend or on selected weekdays. Whilst this may not
be ideal for the child, it works well for families where one parent works
full-time and cannot provide childcare, or lives in a different area of the
country. The courts will consider the dependant factors that we mentioned
earlier in order to create a reasonable outcome for everyone involved.
In most
divorces cases, child custody discussions will not be taken to court- your
legal advisor will always endeavour to keep the case out of court as it can be
extremely distressing for both child and parent. However, if a decision must be
made in court, the judge will decide where the child lives, their contact
arrangements and also resolve any specific issues that are causing tension, for
example, disputes over where the child goes to school.
Finding a reliable family law lawyer for
divorce proceedings and child custody agreements
Just like
every family is different, every divorce and family law case differs from the
next; the needs of each family and the individuals within it vary hugely.
Whilst some families may not need any legal assistance at all, others may
require dedicated support throughout the entire process. Whether you need
one-off advice or a dedicated family lawyer to represent you, as a client you
are entitled to an experienced and qualified lawyer who is going to put the
needs of your child before anything else.
At Hawley
and Rodgers, our team of professional solicitors offer just that. We appreciate
that every family is different and we handle each case individually. We have an
accredited team of family lawyers who also specialise in children’s law, meaning that we
have an in-depth understanding of how children should be treated during divorce
proceedings.
Along with
our extensive family law services, we also offer advice for buying and selling
property, wills and probate services, commercial law advice and specialist
support for elderly people who are going through legal dealings. At Hawley and
Rodgers, we have a compassionate and sensitive approach whilst also being
efficient and results-driven. To find out more about what we can offer you,
please don’t hesitate to get
in touch with our team today; we’re willing to answer any
questions you may have in order to ease your mind and bring your family
together.
