x
Our website uses cookies. By continuing to use the site, you agree to our use of these cookies. To learn more about how we use the cookies and how you can manage them, please see our cookies policy.
Family law - the options for resolving disputes involving children
Family disputes involving children can be particularly stressful and challenging.
There are options for resolving a dispute and steps you can take, especially if the dispute is likely to be heard in court. The courts consider the child or children’s best interests first before any other considerations.
If you are already involved with a complex dispute regarding the children of a marriage or relationship, there is an expectation by the courts that the couple will make every effort to resolve their differences without recourse to court, other than to review the agreed arrangements, if at all possible.
Alternative dispute resolution (ADR) can be a less stressful way to resolve contentious matters and will keep your dispute from ending up in the courtroom. If you can avoid having to go to court to resolve your differences, you will almost certainly save time and money, as well as removing a considerable amount of stress from the situation.
We explain below the alternatives to court, the principles the court will use when deciding cases concerning children and how Giambrone & Partners can guide and advise you.
Click on a link to jump to that section:
Common causes of disputes involving children
A divorcing couple may find certain situations that make coming to an agreement seem impossible. Disputes involving children can be exceptionally challenging, and arise for a variety of reasons. Common causes of disputes regarding children include:
- Child visitation arrangements
- Removal of a child from a custodial parent, grandparent or another carer
- Failure to return a child to a custodial parent, grandparent or another carer
- Child abduction overseas
- Parental responsibility
Handling disputes involving children - alternatives to court
To avoid the stressful and time-consuming process of going to court, there are some alternatives that you can explore. Alternative dispute resolution (ADR) assists couples to discuss and settle their dispute without the court making important decisions for them. ADR provides an opportunity to discuss all the disputed issues and achieve resolution through negotiation.
Alternatives to court include:
Mediation
Mediation; also referred to as family dispute resolution, will provide you with the opportunity to calmly resolve your dispute with the presence of a non-partisan intermediary. This mediator assists you to understand the consequences that result from the end of your relationship and can guide you to find a way for you to salvage mutual respect and agree on the best course of action with regard to the children. It is important to be aware that a mediator cannot provide you with legal advice. There is a range of mediation centers for private and commercial issues. The National Family Mediation Service or the London Mediation Office are two such examples.
The specialist family mediator will help you to discuss your dispute in a calm and neutral environment. and help you to reach the best conclusion for all parties involved. Once you have decided on the most beneficial course of action for yourself and your children, the court will make the decision legally binding. Depending on the age and ability to understand the process of mediation, your children may be able to take part in family mediation; their views will be considered and it can be useful to understand their feelings in the situation. You can find out more about the benefits of mediation here.
Arbitration
If you decide to use arbitration to resolve your dispute with regard to the children, you will have a qualified person adjudicating proceedings. Arbitration is different from mediation in that the arbitrator can make a legally binding decision. Arbitration can be faster than litigation in court, and a time limit can be placed on the length of the process. You and your partner will have a say in how the proceedings are run; for example, choosing the venue.
Arbitration means that you get a chance to plead your own case. However, you are still ultimately handing over the final say to the arbitrator, whose decision is final and binding. You will need to apply to the court to give effect to this decision. You can find out more about Giambrone’s arbitration services here.
Collaborative law
In collaborative law, both you and the other party will have solicitors in the room working to come to a mutual agreement. Before beginning, you will each sign a contract which states that you will do your best to reach an agreement regarding finances and child contact. Should this not be successful, recourse to court will be your only choice.
What are the principles the court will use when deciding cases concerning children?
When you go to court, the decision regarding your child will be in the hands of the judge. There are certain core principles that are considered by the court in all child-related cases. These include the Paramountcy Principle, which states that the needs of the child are the most important thing in this situation, including their financial wellbeing and who takes care of them. Proceedings also cover the Delay Principle, which states that any issue pertaining to the welfare of the child should not be delayed, as this could negatively impact the child. The Welfare Checklist is a list of the factors the court will take into account when they are deciding what is best for the child. These include a range of factors that will lead the court to make its decision, such as the wishes of the child, their emotional and educational wellbeing, how their needs might change and how capable their caregivers are.
Giambrone & Partners can help avoid a costly court case where possible
Our family lawyers at Giambrone & Partners will advise and guide you with all aspects of your family law needs. We can help you to access alternative dispute resolution (ADR) . Our skilled lawyers can work with you, helping you to find the best option for your children without the need to place the entire matter in the hands of the court, unless absolutely necessary. Find out more about how we can help you, or request a call back here.
Frequently asked questions
When does the child arrangements programme apply?
This applies when parents cannot come to a decision regarding their parental responsibility by themselves, having tried every avenue available and require intervention.
When would Mediation be best?
You may require mediation if you cannot agree on a custody arrangement or the financial side associated with the welfare of a child.
How much does a specialist family lawyer cost?
Costs involving a specialist family lawyer can vary depending on the length of time and complexity of the issue.
Can a judge determine with whom a child lives?
Yes, a judge can determine who a child lives with.
What is a child arrangements order?
A child arrangements order decides who a child lives with, time spent with each parent, and other types of contact such as phone calls.
When is it necessary to get legal advice?
It is always necessary to get legal advice, particularly if you cannot resolve your dispute in a calm and civil manner and reach a mutual agreement. However, legal advice is always necessary as the issues involving family law related to children are complex and the consequences of a decision made without knowledge of the legal significance could have a far-reaching negative impact on all parties.
Related content