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Avoiding Conflict And Recognising The Impact For Children In Divorce - Jarmans Solicitors

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Avoiding Conflict And Recognising The Impact For Children In Divorce

June 22, 2022 jarmans 0 Comments

The breakdown of any relationship can be immensely distressing, and for couples who have children together, the challenges can be far greater. Conflict between separating parents can have many negative effects on children, so finding a solution that centres around a child/children’s best interest should always be the predominant focus.

Resolution – a community of family justice professionals working with families and individuals to resolve issues constructively – encourages a non-confrontational approach to family law issues. Every year, they run a campaign, ‘Good Divorce Week’ (which will be on 29th Nov – 3rd Dec), that aims to promote a more constructive divorce process. Whilst the effect a divorce can have on a family is not a ‘Good’ thing, it can, with the proper guidance, be conducted in a more positive manner that has less of an impact on any children involved. 

As part of this year’s campaign, Resolution has launched the Parenting Through Separation Guide, a free resource containing information, advice and support to help parents in their parenting journey through separation, divorce and beyond. The family law team at Jarmans Solicitors are proud to support the sentiment of this year’s campaign.

Avoiding Long Drawn-Out and Costly Court Cases

Fighting out a dispute in the courts should be the last resort. There have been many notable cases where a fundamental breakdown of communication or cooperation resulted in lengthy, stressful, and costly proceedings. In one recently publicised case, Crowther v Crowther & Ors, it was noted that the lack of cooperation between the parties and their lawyers resulted in ‘enormous’ legal costs. As part of his closing judgment, the judge, Mr Justice Peel, described the litigation as “nihilistic”.  

This case highlights how vital it is, not to lose sight of what you are hoping to gain at the outset of your case, which ultimately is to rebuild your life and obtain financial independence where appropriate, and how not to allow highly run emotions and agendas to run your case into destructive litigation. 

Our family lawyers are experienced in such cases and very sensitive to these issues and will do all they can to help you reach a sensible settlement that is best for you. We will be open, honest  and frank with you, and inform you if you are  doing yourself  a disservice by allowing emotions to drive your case and losing sight of your ultimate goal . In the eyes of the Court, it is all about reaching a fair settlement for both parties by ensuring their needs are met from the available assets/ resources and not about who is right/ wrong or apportioning blame for the marriage breakdown.

Finding an Amicable, Child Focused Solution 

Setting aside emotions in a family law dispute can be difficult. However, with the guidance and support from our experienced and approachable family law team, we will aim to help you and your ex find a jointly agreed and fair solution that is in the best interests of your child/children’s needs, that supports both their personal requirements and emotional wellbeing. We will make sure you fully understand the options open to you and any implications of the actions being taken. 

Each family law case is different, as are the requirements of the child. Therefore, our advice and services are tailored to the individual needs of the family and each child involved. We can help you resolve common disagreements such as contact arrangements and child maintenance to more complex domestic matters involving child relocation, parental responsibility, or domestic abuse cases. 

We can provide you with a 1-2-1 appointment with one of our family law solicitors to discuss the circumstances surrounding your situation, highlighting the various steps you can take to resolve your dispute in the most amicable way possible and that avoids litigation in the courts. Through our knowledge and expertise, we can deliver a pragmatic and constructive solution that considers everyone’s feelings, but most importantly, will result in the best interests of the child/children.

What is the Parenting Plan and C100 Form? 

The Parenting Plan, sometimes known as a Co-parenting Agreement, is a written plan or agreement between parents that lays out how a child/children will be raised whilst living separately. Cafcass (Children and Family Court Advisory Service) provides further information on this process, approved by the family courts. You can find a link to their website here: Cafcass – Parenting Plan.

If you go to court in the future, judges will likely expect you to have started a Parenting Plan, and our team is on hand to help you complete one should you need us to. 

Even with the best intentions, communication can break down, leaving parents unable to agree on matters concerning their children. The C100 form is the name of the application you will need to complete when asking the court for:

  • A Prohibited Steps Order
  • A Specific Issue Order
  • Child Arrangements Order

Our family law team will be on hand to advise you on the most appropriate steps regarding the court orders above, depending on your situation. We will help you pursue a reasonable and responsible avenue before asking the court to intervene. However, we realise this is not appropriate or achievable in call cases, and we can help you go through and submit the C100 form and represent you in court if need be.

Expert Family Law Solicitors Sittingbourne

Jarmans Solicitors believe in being open and honest with our clients and offer a fixed fee first interview to enable you to discuss your case in detail. Once we understand your case and circumstances, we will follow up with a letter that includes your instructions, a proposed plan of action, and an estimate of the costs involved upon being instructed. We strive to guide our clients through every step of the process in a sensitive and discreet manner. 

We offer an initial pre-bookable phone call with one of our experienced family lawyers.

Alternatively, we offer a fixed £120 fee inc. VAT for a 45-minute meeting with one of our experienced family team. If you would like some confidential advice about a family legal issue, contact us today to book a meeting.

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