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.
