Divorce Should Not Mean The End Of Summer Holidays With The Children
Child Custody
12/08/2008
The school holidays are in full swing, conjuring up images of the family having fun, maybe on a sun-drenched beach, building sandcastles and exploring rock pools. How true to life is this seaside postcard image? There may not be much sunshine and the parents may be divorced.
Chris Allen Jones, Associate in the family law practice at the Birmingham offices of law firm Irwin Mitchell says: "The thorny issue of access may well rear its head at a time like this, when the parent who has custody is asked by the other parent about the possibility of taking the children for a few days.
"It is, of course, an objective of divorcing parents that the children remain unaffected. This is laudable. One hopes that when parents' relationship breaks down they are able to develop a different relationship for the sake of the children. Such a relationship ought to promote a positive image of both parents in the eyes of the children and also encourage the children to have a meaningful relationship with both parents."
Many couples are able to do this for themselves and, to the extent they do, there is no need for any other agencies to become involved. Counselling can help one parent, both parents or the whole family come to terms with what has happened and allow them to move on.
Mediation can help parents by providing them with a neutral venue where parents can go to talk. Mediators do not take sides. They are trained to listen to what both parties have to say and to offer ideas about what they can do to settle things for the future.
"There are inevitably occasions however, where despite all the assistance on offer, parties are still unable to agree the arrangements for their children," adds Chris.
"These tend to be brought to the attention of the general public in the form of media images of parents protesting to have their right of access. In those, still relatively rare, circumstances, an application to the court should not be ruled out. If nothing else it should resolve the dispute and allow the parties, and more particularly, the children to move on with their lives.
"Courts can adjudicate on any number of issues that bear on a child's physical, emotional, and educational development. The significant disputes are still about whom a child should live with and what time they should spend with the other parent. The courts, however, can determine a much broader range of issues, for instance: where they should go to school, what name they should be known by and so on.
"An application to the courts will allow a full investigation of matters. Should there be welfare issues, an officer from CAFCASS (Children and Family Court Advisory and Support Service) can be appointed to investigate matters. Other expert evidence can be tailored as necessary depending on the facts of the case. In the more complex cases this can include the instruction of a Guardian to act specifically for the child with them also having access to their own solicitor.
"It can also include psychologists and psychiatrists. The experts are there to assist the parents and courts by making clear recommendations. If, notwithstanding those recommendations, a settlement is still not forthcoming then a judge can hear evidence and determine he outcome of the case."