The break-up of any relationship is likely to be stressful and daunting, especially in cases where children are involved.
Reaching Agreement Ideally if the parties can reach agreement about their children’s future, it is possible to avoid the need for the Court’s intervention. Any agreement reached can be consigned to a ‘Parenting Plan’, detailing where the children will live, how their time will be split between the parents and documenting what financial support will be provided although this generally falls to the remit of the Child Maintenance Service. To secure certainty, there are advantages in making the agreement legally binding between the parents under the terms of a written ‘Consent Order’. Your legal advisors can make application to the court, enabling the Judge to approve the Consent Order - often without the need for a hearing. The paramount consideration though for the court is the welfare/best interests of any child. Unable to Agree? If you have not been able to reach agreement and have tried mediation for that purpose, you may need to apply to court for a determination. (Note: In some circumstances the obligation to try mediation first can be avoided and Legal Aid may not be available to fund the application unless an abusive relationship is involved). Should you be facing the prospect of a family break up, including Divorce or Separation it can make sense to seek independent legal advice to consider all your options and most importantly what is best for your children. If you are involved in any form of family dispute our experienced Lawyers in the Family Team are on hand to support you through any difficulties you are facing. To discuss how we can help, please contact your local Kingsfords office in Ashford, Cranbrook or Hythe. You can also use our ‘Get In Touch’ icon and a member of our team will get back to you promptly, by calling 01233 665544 or emailing via enquiries@kingsfords.net. |