Access to children and agreeing how to move forward is a challenging aspect of any separation or relationship breakdown. Most commonly it if fathers looking to ensure that they are able to maintain a relationship with their children, but there are times when it is the father as the primary carer and we are experienced in advising both mum and dad.
For many the rights and responsibilities of parental responsibility and access are hand in hand with managing financial arrangements. It is often difficult to discuss these issues rationally between yourselves as parties are hurt and emotions are high.
Resolving access amicably
We strongly recommend attending a M.I.A.M (Mediation Information and Assessment Meeting). A qualified mediator will meet with you and your partner, initially separately or together to discuss options that are available to you. Having an independent view on the position can help take steps forward, whether those be small steps or making big decisions.
The point of mediation is to help put you in a position to make an informed decision – this includes covering off your legal rights, as well as balancing out the practicalities of helping everyone to move forwards. We know that each family situation is unique and one size does not fit all. We are here to help you choose the best course of action, ideally through agreement.
In most cases it is in the child’s best interest to have a relationship with both parents. The parent who the child lives with is under a duty to promote a relationship with the other parent. It is also generally accepted that parents are the best people to make decisions as to the care of their children and they should make the decisions rather than the Court who do not know your children.
If the parents are not able to reach an agreement, then an application can be made to the court for a Child Arrangement Order, but before this application can be made you should have attended a MIAM meeting. If you have already applied to the Courts and have been referred for mediation, we offer this service.
Edward hands & Lewis Solicitors offers MIAM meetings and is well placed to support throughout separation, divorce and making parental arrangements. We offer a supportive mediation services at our offices throughout Leicestershire. Please contact us for more information.
The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.