Skip to main content
Legal news

Changes to Family Law ahead...

Jonathan Winston Jonathan Winston
3 min read

It is important to our family team at Winston Solicitors that we keep abreast of changes in family law and one step ahead of the competition.

The new Children and Families Bill has been announced in the Queen’s Speech at the opening of parliament. Our new Family Solicitor, Tracy Allison as set out below the changes and objectives of the new proposed bill, together with her own comments based on her experience through working as a Solicitor and Family Mediator.

The bill will implement plans to make inter racial adoption easier, reduce the length of care proceedings through the court system so that if children cannot be cared for by their parents they can be placed for adoption in permanent homes sooner. It was reported earlier this week that a child is placed in foster care every 22 minutes and we have more children in care than ever before. It is not surprising in this climate that such changes to law have been made and priority as been given to creating stability and security for children in care to ensure that they are placed with permanent carers as soon as practical. A child’s ethnic background and that of their adoptive parents will become second to efforts to place the child swiftly into a permanent home.

Divorce and separation is a difficult time for all concerned. When a relationship breaks down, one parent leaves the home and can lose contact with their child. This can often be the father and the extended paternal family. The legislation is giving a clear message that it is important for children to have an on-going relationship with both their parents after separation and that shared parenting arrangements will be the desired result by the court providing that it is safe and in the child’s best interests.

Ministers also acknowledge that resolving contact and residence arrangements between parents through the courts is not the best approach to promote co-parenting for parents throughout their child’s live. There will be a statutory prerequisite for separating couples to consider family mediation before commencing court proceedings over children disputes. Family mediation can be quicker, cheaper and provide better outcomes for all concerned.

I certainly agree that parents know their children better than anyone else and a courtroom battle does nothing to maintain communication and promote co-parenting between parents for years to come.

During the mediation process, I give parents the opportunity to air their concerns, talk through their objectives and the needs of their children. I will identify their common intentions and objectives. We can discuss their options. Work through practical arrangements and give parents the opportunity to ‘reality test’ the same in -between sessions. Proposals have been developed without one parent feeling that they have lost or won. As both parents have had their say and a decision has not been forced upon them - the arrangements or proposals they develop continue to work for the family long after the mediation sessions have finished.

Whereas court proceedings can leave one parent feeling that they have lost, poor communication, mistrust between parents and a situation where they have not developed skills to resolve matters outside of court when a situation arises which is not compliant with the court order.

The reason why government is changing the law to promote mediation for children disputes is because professionals, whether lawyers, psychologists or teachers have seen that it is best for children in these situations if they do not become embroiled in the parent’s relationship difficulties. They need to know that they are loved by both of their parents and they will continue to see them. What better message can you give your kids than telling them that you are sorting things out together to make things better!!

If you would like to find out more about the mediation process or any issues covered above please contact Tracy Allison.

Client feedback

The conveyancing team, led by Samantha Robertson-Strong have been excellent in guiding us through both the sale and purchase of our houses. Always communicative and happy to explain aspects of the process. Highly recommend.
Anonymous
Amanda and the entire Winston Solicitors team were exceptional from start-to-finish. As our 'point person' on my father's personal injury case (and not being in any way legally minded ourselves), Amanda guided us effortlessly through the requirements, evidence & documentation needed along the way, and timelines with different possible outcomes (never overstated, just refresgingly honest). My dad (at the time 88 but by settlement approaching 90) was kept in the loop at all times, able to make decisions for himself due to the professionalism and care of Amanda.Would highly recommend Amanda and the Winston team - really impressed.
Robin
Olivia Cooke and her team provided an excellent service throughout our property sale. The team were efficient, clear, and kept us well informed at every stage. The conveyancing process was handled smoothly and professionally. Highly recommended Winston Solicitors. We were particularly impressed with our conveyancing assistant, Amanda Lester, who kept us updated and made the process a great experience!
Girish
Samantha and team were exceptional from start to finish of my house buying process. I can not speak highly of them enough and would recommend them to all my friends and family.
Mr R
We have used Winston Solicitors twice Recently we wouldn’t hesitate to recommend them or use them in the future.Samantha Strong in particular went the extra mile .
Mr and Mrs Wood
Michelle was excellent during the process of selling and buying our house. She kept us informed throughout, was quick at replying to any enquiries from us and explained any questions we had regarding the process. I would 100% recommended Michelle.
Miss Viles
I just dealt with Leasa in the recent purchase of my first home. Can not recommend her. Fast, efficient and has an eye on everything. Managed to get me from offer accepted to moving in less than 11 weeks.
Richard
The whole process of sorting out my wife's estate and a lasting power of atorney was made a relatively easy to understand process because the team we dealt with spoke to us in an easy to understand language. They also acted quickly at every stage as well as always keeping us updated if there were any delays.
David
Contact us