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Urgent steps needed as remote court hearings isolate the most vulnerable

Urgent steps needed – Remote court hearings isolate the vulnerable

Kate Banerjee Jones Myers
Kate Banerjee
Partner and Head of the Children Department
Jones Myers Family Law Solicitors

My concerns about heartbreaking cases – when life-changing decisions affecting vulnerable and often bewildered clients are made at remote hearings – have been re-enforced in a recent study.

The Coronavirus Pandemic has understandably called for remote video and telephone hearings where vulnerable clients are isolated and bereft of any contact or support from solicitors and barristers representing them.

At these hearings momentous decisions are being made about their future on highly sensitive and emotional issues which include babies being removed from their mothers after birth, children being adopted, their contact with parents suspended or stopped – and changes made to where they live.

Prior to the Pandemic as family lawyers we could support our clients in a court hearing and intervene if they did not understand the proceedings or wanted to change their mind.

A study commissioned by Sir Andrew McFarlane, president of the family division of the high court, highlights how parents are participating in online proceedings on a phone from home – often without adequate technology or support.

The study says those who needed an interpreter or who had disabilities faced particularly severe challenges and that 40 per cent of parents did not understand what had happened during the hearing.

This situation is unacceptable. In my extensive experience as a family lawyer, it is impossible to read a situation virtually to sense if my client is, for example, upset, crying, shaking their head or confused.

There is also no privacy or opportunity in the hearings for clients/parents to say they don’t understand what is being said or to change their mind.

Sir Andrew McFarlane is following up concerns raised in the study and will be working with the judiciary and the professions to develop solutions – a positive development.

In these heart-wrenching situations urgent improvements – such as providing down time in the hearings for clients to speak to their lawyers to clarify any points – are needed.

More Nightingale Courts – temporary courts set up in July to help tackle the impact of Covid-19 on the justice system – would also be a step in the right direction.

The overarching priority of the hearings is to keep children safe and our dedicated Children’s team continue to go the extra mile to advise and support our clients by face-to-face meetings where possible along with additional meetings and regular telephone calls.

The impact of momentous decisions made on these highly sensitive cases have lifelong consequences for society’s most vulnerable.  It is vital that these hearings are fair so they do not feel alone and in despair.

By Kate Banerjee

Click here for more articles from Jones Myers Solicitors

ABOUT KATE BANERJEE

Kate heads Jones Myers renowned Children’s Department. She is highly experienced in cases relating to children including contact and residence disputes. She specialises in child protection law and is a Member of the Child Care Panel representing parents, guardians, Local Authorities and children.

Kate has extensive expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit. She also has “Higher Court Rights”.

Estranged Parents can Help Children Adjust

New Term, New Challenges: How Estranged Parents can Help Children Adjust

Kate Banerjee Jones Myers
Kate Banerjee
Partner and Head of the Children Department
Jones Myers Family Law Solicitors

This is undoubtedly a formative period in the development of children and young people returning to the classroom for the first time in over five months.

However the school environment and routine that was reassuring and familiar to them earlier this year has changed dramatically as a result of the Covid-19 pandemic.

New measures implemented to help safeguard their well being include one way systems, different playground rules and staggering starting and finishing times.

Secondary pupils in local lockdown areas will also have to wear face coverings in school corridors. 

While looking forward to being reunited with their friends, children will understandably feel anxious about the new rules, particularly those who are old enough to have seen and read about the mixed reactions to schools reopening.

It is therefore vital that their parents – particularly those who are divorced or separated – do their utmost to help ensure a smooth transition.

This can be achieved by working together in a spirit of mutual cooperation to communicate even more closely with their sons and daughters and find out how they think and feel about the myriad of changes they face.

Talking to them and reassuring them why the measures are needed will help to ease apprehensions and anxieties they may be experiencing.

Making sure children stick to a routine outside of school with set times for eating, bedtime and pastimes has also taking on an unprecedented importance.

Creating a stable environment where the best interests of children and young people are the overriding priority requires establishing and sustaining a workable solution.

Above all in these turbulent times estranged parents can remind their children that they both love them very much and are here for them in the days, months and years ahead.

Click here for more articles from Jones Myers Solicitors

About Kate Banerjee

Kate heads Jones Myers renowned Children’s Department. She is highly experienced in cases relating to children including contact and residence disputes. She specialises in child protection law and is a Member of the Child Care Panel representing parents, guardians, Local Authorities and children.

Kate has extensive expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit. She also has “Higher Court Rights”.

www.jonesmyers.co.uk

In Isolation with my Husband

Letters to Linda -In Isolation with my Husband

Linda Simpson
Linda Simpson –
Divorce and Parenting Consultant
Writer and Speaker

I am in isolation with my husband. I know the marriage is over. It has been for a few years. He doesn’t seem to be aware. Life has just continued on our parallel paths and now we are stuck. The kids are soon going to be leaving home for university when life gets back to normal. The thought of just the two of us when we are on our own scares me. I can’t leave now but I want to leave.

Perhaps the most compelling part of your letter is that you knew before you were in isolation with your husband that the marriage was over. This isn’t something that the stress in our world has brought on but has been on your mind for some time.

However, we are living very strange times right now and all our emotions are being tested. Given those terms, it is not the best time to make major life decisions.

Your family is no doubt feeling the stress in the world and everything is quite confusing because there are so many unknowns. We don’t know what will happen as restrictions are lifted. Your children need a least some semblance of stability. Ending a marriage affects everyone in the family.

With so many restrictions in place, even trying to sort through a separation and work out an arrangement for your children would add more stress. You’ve made it this far, so maybe it is best to take this time to plan.

What you can be doing is considering how life will look for your family when you do separate. Your children are older so would you share custody or have a less restrictive and more fluid arrangement. Would you do family times together or do you see life as being a clear split from your husband with relatively little contact.

You have the advantage of considering this future for awhile so some of the emotion has already been invested in the idea. However, your husband, as you say, is really carrying on like there is no problem. He could be oblivious, or he could not want to see reality. You will only know when you open a conversation with him.

My guess would be it is a bit of both on his part. Many partners cling to a hope it is a marital phase and you will get to the other side of it if they sense a distancing or change in the relationship.

When do you see the right time to open the conversation? How will you begin to say what needs to be said? Do you have the reasons for your feelings well sorted in your own mind? Can you say to him exactly why you feel the marriage is over? Can you give examples? A clear explanation will be very helpful in what will be a very emotional conversation.

Even with all of your thoughts in place, he may be very reluctant to see your side. If you are met with resentment how will you proceed?

Do you have a living arrangement that will work for you if you move out? Or do you want him to move out? If he moves out, consider that this will be a whole new idea in his life and he will need some time to consider his options.

I offer all of these questions because separating and leaving a marriage is not easy. It requires many decisions and some of them will not be agreeable.

The better organized you are will increase your chances of a smoother transition from marriage to separation. As difficult as it may seem, separating the emotion out of it whenever possible and just using practical decision -making will be very helpful.

Even older children find it very difficult to see their parent’s marriage end so your children will need time to consider the new family. Be patient with them because they are in an emotional time with their age and stage of life and with the world in its present turmoil.

You seem to be quite committed to your decision. It is very important to believe in yourself and your plan for your future. Other will try to discourage you, probably blaming it on the state of the world.  Even though it is your right to make a decision like this, be prepared for reactions from family and friends that may surprise you.

You can begin by answering the previous questions which should help you clarify your thoughts and reasons for leaving. The next step is to decide on a leaving plan.

You will know when the time is right or when you have reached the point of no return. Keep a journal and believe in yourself.

If you are in need of a place to seek some advice on a way forward during separation and divorce please write to letterstolinda@thedivorcemagazine.co.uk – Reaching out is the first step. 

MORE LETTERS TO LINDA 

Letters to Linda Disclaimer

ABOUT LINDA SIMPSON

“I take strength from your calm, your honesty, and the hope you give me for my future.” Cheryl 

Linda is a fresh voice in the divorce advice world. She offers a pragmatic, common sense approach to life after divorce issues based on over twenty years surviving and thriving following a very traumatic divorce.

As a single parent, her sons are an enormous source of joy in her life. She is a loving mother and grandmother to four delightful grandchildren.

She holds a degree from the University of Waterloo with concentrations in sociology and philosophy and guidance counselling certification from Queen’s University.

She is an accredited trainer for The Peace Education Foundation, a leader in conflict resolution training. The institute is ‘dedicated to educating children and adults in the dynamics of conflict resolution and promoting peacemaking skills in home, schools, and community.’

In a long and successful teaching career, she also served as a counsellor and workshop facilitator for SEL (social emotional learning) programming and The Peace Education Foundation throughout her school and school district and was a frequent conference presenter for SUNY Potsdam Faculty of Education USA.

She writes for The Divorce Magazine UK and her blog is seen regularly on Huffington Post Canada where the focus is life after divorce and parenting issues.

She is a writer and poet and is presently at work on a book based on her divorce experience.

Main feature image -Image by Tumisu from Pixabay

Why Cohabiting are Advised to Set up ‘Living Together’ Agreements During Lockdown 

Why Cohabiting Couples are Advised to Set up ‘Living Together’ Agreements During Lockdown 

Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

Since the government advised dating couples to go into lockdown together to reduce the risk of passing on the virus, the Institute for Employment Studies estimates employment has plummeted to two million during the first month of the crisis.

The loss of jobs on such a major scale will undoubtedly result in couples, whose relationship withstands the lockdown measures, moving in permanently together for practical and financial reasons to reduce the costs of running two homes.

In these unprecedented times it is more vital than ever that cohabiting couples understand that they do not have the same legal rights as married couples in critical areas such as savings, income, pensions, business interests – and in particular, property.

Despite a long-standing campaign – of which Jones Myers has been at the forefront – to reform cohabitation legislation, the stark reality is that the current law does not offer them any protection should separation become inevitable.

We therefore urge unmarried partners to consider a cohabitation or ‘living together’ agreement which  encourages people to think clearly about what they want to happen, not only while they live together, but also if their relationship ends.

Cohabitation agreements set out who owns what and in what proportion, how property will be divided along with what will happen with personal belongings, savings, debts, pensions and other assets should couples split up.

Documenting how children will be supported, it outlines how to deal with bank accounts, debts and joint purchases such as a house or car. The agreement can also address pet “custody” issues.

A cohabitation agreement can be drafted either prior to – or during a couple’s time together. It can likewise be amended as long as both parties agree that the original agreement should be changed and how.

Although it may not be deemed romantic to agree the ‘what if’ scenarios should one partner leave, win the lottery or die, putting in place this safeguard can potentially save emotional and financial trauma at a later stage.

The arrangement, which is enforceable, can be set up through virtual “round-table” meetings within the collaborative process and can reduce the likelihood of cohabitees being left destitute.

It is important that each party seeks independent legal advice and discloses all financial information in the lead up to signing the agreement, which should be reviewed regularly.

Jones Myers has extensive experience in drafting cohabitation agreements and, sadly, in dealing with disputes arising from separations where there has been no such agreement.

Click here for more articles by Peter Jones

About Peter Jones

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

Separated Parents Urged to Put Children’s Interests First as Schools Shut Down

Kate Banerjee Jones Myers
Kate Banerjee
Partner and Head of the Children Department
Jones Myers Family Law Solicitors

With schools now closed across the whole of the UK, Jones Myers niche family law firm is calling on divorced and separated parents to work together for the best interests of their children in these extraordinary times.

We understand and empathise with the practical and emotional challenges facing everyone as the coronavirus crisis continues and advice about social isolation measures is stepped up.

It is especially important for divorced and separated parents to collaborate for the best interests of their children who will also understandably feel nervous and apprehensive.

The severe situation may present particular challenges with children’s routines due to school closures, the nature of their parents’ work – or if a parent or child have been diagnosed with the virus and need to self-isolate.

Parents are also aware that grandparents, who have historically played a major role in childcare, are in the virus’s highest risk category.

We’ re receiving calls from concerned parents about their children’s welfare and advising they keep updated with the developments from official authorities such as schools and health care professionals.

We also offer the following practical advice to estranged parents:

 

    • Stay calm and collected, put aside your differences and agree a plan of action which ensures your children’s health, wellbeing and interests come first

 

    • Be flexible and open minded about changes in parenting time and work together to find a workable solution

 

    • In particular, agree a plan of action if one of you or the children are required to self-isolate. This includes keeping in touch by FaceTime, texts or post cards

 

    • In the above cases, agree on what you will tell your children and explain and keep them up to date on how the other parent is affected.

 

    • Continue to tell your children that you both love them very much and keep explaining why their routine may have to change

 

    • Listen to them and try to avoid passing your anxieties onto them – children are highly sensitive and will become more unsettled if they pick up their parents’ concerns.

Click here for more articles from Jones Myers Solicitors

Working together in a mutual spirit of cooperation and collaboration is crucial to ensure the needs and sensitivities of children remain a priority throughout – and beyond – these extraordinary circumstances.

About Kate Banerjee

Kate is highly experienced in cases relating to children including contact and residence disputes. She specialises in child protection law and is a Member of the Child Care Panel representing parents, guardians, Local Authorities and children.

Kate has extensive expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit. She also has “Higher Court Rights”. www.jonesmyers.co.uk

How to Help Children Cope During Divorce

How to Help Children Cope During Divorce: Parenting Experts Share their Advice

Daniel Weintroub
Divorce Solicitor
Cordell & Cordell

As part of a recently launched campaign, Helping Kids Cope with Divorce, we interviewed three prominent parenting experts about their advice for divorcing parents, exploring the best way to break the news to your children about your separation, what can you do to proactively reduce your kids’ worries about the future, and how to protect them from suffering long-term psychological damage.

In 2019, divorce is sadly a common reality for many families. But despite how usual it’s become, it’s often a messy and confusing process which take a tremendous toll on everyone involved – particularly the children of a marriage.

The ordeal of the divorce process can impact significantly on young people’s mental health and leave lasting emotional scars.

So how can parents manage the process in a way that doesn’t make them think their world is about to collapse?

Breaking the news

Noël Janis-Norton, from Calmer, Easier, Happier Parenting, recommends that parents sit together when it happens. Depending on the age and stage of your children, it may be worth telling each child separately to adapt the message to their levels of understanding. She says:

“Tell them: ‘We’ve got some sad news for you. We’ve been arguing a lot, and our home has not been a happy place – there are too many differences between Mummy and Daddy. We have decided to live in different homes to see if then we can be happier. You can still live with both of us.’ Keep reminding them that it is not their fault.”

“You can expect children to be upset, even if they do not show upset in the first place. Just acknowledge how scared or anxious they might be.”

Noël recommends that parents stay very polite and friendly with each other, even if there is underlying conflict. This will help the child feel more comfortable in these times of uncertainty and change.

Reassurance is key

Some of the concerns that your children might have about your divorce might not be things that you, as an adult, will have considered.

Young children might worry about seemingly small things, such as whether they will have toys at both parents’ houses, as well as larger things, including how much they’ll see both parents and other family members.

Teens might be wondering whether they’ll still be able to stay at the same school, whether they need to move house and whether there will be financial problems.

Parenting journalist and author, Liat Hughes Joshi, says: “Fundamentally, children don’t like uncertainty, and particularly at the beginning of the separation process there can be a lot of that. You might not know the answers to some of their concerns, such as whether you’ll need to move house, because you don’t know how the financial settlement is going to work out yet.”

She recommends: “Provide reassurance where you can but avoid false promises, as these could undermine their trust in you later on. Let them know you will do all you can to provide stability and contact with both parents. For the immediate, focus on the things that won’t change – particularly that both you and your ex love them.”

Constructive and Destructive Behaviours

Divorce can have lasting emotional effects on the children involved, but it isn’t a forgone conclusion.

Image by Chris Thornton from Pixabay

According to Noël Janis-Norton, adverse outcomes of divorce come from high-conflict divorces, not from divorce in general. It is very important for parents to realise which practices are constructive, and which are destructive to the child’s wellbeing.

“As long as both parents and children learn how to resolve disagreement without conflict, children can come out of your divorce unscathed,” she says.

“Think of yourselves as a team in front of the children. Be positive about the other person. Praise the other person. Children must feel like they can love both parents – if not, they are likely to become depressed and distressed.”

If tensions are running particularly high, it’s important to try to limit your children’s exposure to this as much as you can.

“Try whenever possible to have difficult discussions and arguments with your ex out of earshot. Stick with communicating by email if you really have no other way of avoiding things turning into a slanging match”, recommends Hughes Joshi.

Janis-Norton adds: “Another important thing is to not let your children overhear you while you’re talking to another adult – such as a friend or family member – about anything that implies conflict, like child support payments for example.

Children are very sensitive to those things, but they don’t necessarily understand them yet, so they often jump to the wrong conclusions.”

The aftermath – building a new life post separation

Recreating a sense of familiarity post separation is vital, according to Christine Lewandowski from Single with Kids. “New traditions and routines can build a comfortable framework during this transition period, and spending quality time with the children is essential,” she says.

It’s also important for children to feel that both their parents’ places are their homes.

“If you have decided on dual custody, avoid language like ‘when you visit or see daddy’, as this implies that one home is more important than the other,” adds Noël Janis-Norton.

Recognise that it may take time for your children to adapt to their ‘new normal’.

Society tells us that the nuclear family is the ‘right way to live’, which can make kids of divorced parents wish that their parents would live in the same house again.

“Meeting up with families who are in a similar situation, however, suddenly makes it all seem more normal. It helps the kids accept that they’re still a family, just a different shaped one.”

Following a separation, your different parenting styles may become more obvious – and when emotions are running high between you and your ex, it’s tempting to want to be the ‘favourite parent’.

“It’s tempting to roll your eyes when your child tells you that Mummy let them stay up until 10pm to watch TV” says Janis-Norton.

“Instead of showing disapproval of the other parent, acknowledge that Mummy and Daddy disagree on that. Stay with the conclusion that Mummy and Daddy prefer to do some things differently.”

Remember to self-care

Going through divorce is often physically and emotionally draining.

For a period of time, it will take over your life completely – and at the same time, you have to remain strong for your children and keep up with day-to-day responsibilities.

Once the transition process is coming to a close and you and the kids can start to settle into a normal routine again, it’s very important to invest in yourself and to find your happiness again as a single parent.

“Kids are like emotional sponges,” says Lewandowski, “they soak up the emotions of the parent. If one parent is desperately unhappy, the child is hurt.”

As a parent, remember that your wellbeing is important too, and directly impacts the wellbeing of your child.

Contributors

Noël Janis-Norton is a learning and behaviour specialist, parenting author, speaker, coach, and the Director of Calmer, Easier, Happier Parenting, working with families and schools.

She’s currently working on two new books about divorce and blended family structures: Calmer, Easier, Happier Separation and Divorce and Calmer, Easier, Happier Blended Families.

Liat Hughes Joshi is a parenting journalist and author of five books, including 5-Minute Parenting Fixes and Raising Children: The Primary Years.

Christine (Chrissie) Lewandowski is the Director of Single with Kids, an organisation that offers holidays for single parents, abroad and in the UK.

Click here for more articles from Cordell & Cordell

About the Author – Daniel Weintroub

daniel weintroub
London divorce solicitor Daniel Weintroub was drawn to family law because of the complexity and variety of the cases.

“In family law, every case is different, and a solicitor can make a real difference in a person’s life,”

Mr. Weintroub said. “It is also the sense of the achievement and satisfaction in helping someone get contact with their children or a better than expected settlement in a financial dispute. You don’t get that sense of satisfaction in other areas of law.”

Mr. Weintroub’s attention to detail and his determination to get the best possible outcome for his client separates him from many other solicitors. He is willing to listen to his client’s case, understand the issues at the heart of the matter, and then explain the law to them and what is the most effective way to progress their case to ensure the best possible outcome.

“I speak to clients in a sympathetic, but direct manner, so they understand what the law says and how it can be applied to help them to achieve the best possible outcome,” he said. “I do this so that the client is not confused about what I am going to do for them and what they can expect to achieve at the end of their case.”

dweintroub@cordelllaw.com

020 7203 8431

Tips for Surviving Over the Christmas Period

Tips for Surviving Divorce Over the Christmas Period

Kerry Smith
Kerry Smith Head of Family Law at K J Smith

Christmas is a stressful time of year for everyone, even more so for divorcees who may be spending the holidays alone for the first time in their lives.

Despite the stress and strain of the festive period, Christmas is ultimately about spending time with loved ones and spreading festive cheer (and the food, of course).

But some aren’t fortunate enough to be surrounded by their nearest and dearest, and for newly divorced couples it can often be a hard reality to face.

With this in mind, let’s look at 4 top tips that will help every divorcee survive the Christmas period.

Don’t Spend Christmas Alone

At the top of the list for obvious reasons, it is important that you don’t spend the holidays alone. You should make the effort to surround yourself with family and friends who care about you.

Understandably, you may be not be feeling very cheery after the breakdown of your marriage, but surrounding yourself with family and friends that care about you will go a long way in lifting your spirits.

Even if visiting your loved ones on Christmas Day isn’t practical, you should still make the effort to see family and friends. You could get in touch with old school friends and arrange a reunion or simply catch up with a trusted family member and talk to them about how you’re dealing with divorce.

Simply put, try not to isolate yourself at Christmas. Just because you’re facing a tough time it doesn’t mean you have to feel guilty for letting loose and embracing single life again.

Be Patient

If this is your first Christmas alone post-divorce, then festivities can often feel overwhelming. The stress of your divorce paired with general Christmas madness can leave you screaming into the abyss, but having a little patience (both with yourself and those around you) can make the world of difference.

If you feel as if your emotions are building up and up and up, ready to explode at any minute, then taking time out to focus on your wellbeing is an absolute must. It can be difficult to come to terms with your relationship breakdown and seeing other couples happy at Christmas sometimes heightens these emotions.

Remove yourself from the situations making you unhappy, go into an unoccupied and quiet room, take time to breathe and calm yourself down.

Meditation has also proven helpful when dealing with trauma and meditation techniques can help to promote serenity. Being patient with yourself rather than letting your emotions get the better of you can save you a lot of regret and stress in the future.

Make New Traditions

With marriage often comes children, and divorce will play a huge part in how Christmas traditions change for them once their parents separate. Of course some things will change as a result of your divorce, but making the most of a bad situation for the sake of your children is in everyone’s best interests.

You can introduce some new fun festive traditions for your children such as two different Christmas Days, one with mum and one with dad.You should also communicate with your ex-partner and come to an agreement regarding who the children spend Christmas with.

Above all, you should put the needs of your children before your own. You may desperately want to spend Christmas day with them but arguing with your ex-partner about custody rights could upset your children and ruin the magical season. You should try to compromise, and if you can’t see your children until a few days after Christmas, try and make the time spent together as special as possible.

Help those Less Fortunate

As a divorcee you can feel like the most unfortunate person in the world, and whilst your sadness at this difficult time is completely justified, it can often help to put things in perspective by helping those less fortunate than yourself.

Christmas is supposed to be about spreading cheer and love, and what better way to do that than to volunteer throughout the festive period. If you find yourself alone this Christmas, then creating new traditions and helping those in need is a great way to make the most of the holiday season.

Volunteering at Christmas time is a win-win – you get to help those less fortunate and at the same time distract yourself from your own troubling personal circumstances by surrounding yourself with new and like-minded friends.

Now that’s a lot to take in, especially when your head has been left spinning thanks to divorce proceedings and frantic Christmas planning – so instead of overwhelming yourself, why not try to bear in mind one or two top tips throughout the festive season. And you never know, a change in tradition could be the best thing that’s happened to you!

Click here for more articles by Kerry Smith

ABOUT KERRY

Kerry Smith is the head of family law at K J Smith Solicitors, a specialist family law firm who deal with a wide range of issues including divorce, domestic violence, civil partnerships and prenuptial agreements.

make good decisions when going through divorce

10 Steps to Help you Make Good Decisions During Divorce and Separation

Linda Simpson
Linda Simpson
Divorce and Parenting Consultant
Writer and Speaker

Your partner has asked for a divorce and this great void called the future you didn’t expect is swallowing you up. 

You feel like every part of your life is crumbling. There are more questions than answers.

Perhaps the most important task at hand is that long list of decisions that will shape your future. The choices we make can have far reaching implications.

There are ten progressive steps to getting your decision making house in order. You want to make the best decisions for yourself and your family.

Step 1

Identify the problems that require a decision. There may be many depending on how traumatic the divorce, or there may only be a few. Whatever the number, it is safe to say that they are all important. These problems can involve any number of issues including–children, finances and housing.

Write down each problem as you see it. Be as specific as you can. For example, if you are looking at shared custody think of the whole picture. Consider every aspect – before and after school child care if they are young, holiday traditions, and anything else that goes with your children and family. 

Clarifying your thoughts and ordering the problems requiring a decision from most important to least important will bring some relief and clarity. Either it will be the feeling of finally taking charge of your future or you will identify there are fewer problems than you thought. Whichever way it goes, there will be a certain sense of moving forward.

Step 2

Identify the choices you have for each problem. For each one there is probably more than one choice as a solution. Using child care as an example, consider the benefits of flexibility with your former spouse. Try to put aside the intense emotion we so often feel and do what is the very best for your children.  Give these choices some consideration and again order them from most agreeable to least agreeable.

Step 3

Once you have identified the choices for each problem, identify the consequences, if any, for each choice. Again order these from least intrusive to most intrusive. This is where this decision making process might start to come unglued a bit. The choices and consequences might be at odds somewhat. Try to balance them to the best of your ability.

Again child custody is often the place where compromise and consequences come into play. Clearly defining the issues means there is a better chance for a positive outcome for all.

Step 4

This one requires a bit of personal assessment. How do the consequences line up with your values? Consider the values most important to you. Stability, security, fulfilment, love and family are just a few that may be in your list. Can you accept some consequences but not others? We do so much soul searching during separation and divorce. However, the tendency is to be very hard ourselves. Take some time with this one.

Step 5

make good decisions during divorce and separationThis step is an extension of step 4 and ties into our feelings toward the consequences. We may be able to accept a consequence but if it affects our feelings in a negative way then that can be an added challenge. A less than ideal living arrangement may have been a consequence but if it affects our mood for its dreariness or location then the situation has been further compromised.

Step 6

There may be some decisions that require more information before you can decide. Finances are certainly one area that require a fair amount of information gathering. For example, a budget needs to be considered that may include housing affordability, a car or transit expenses, and after school care. There are any number of expenses and some of them you may be handling for the first time.

Step 7

Think of advisers as your friends. Banking personnel that have been helpful in the past might be able to guide you through some of your budgetary requirements. A friendly estate agent can help you look at living options. There might be a self-help group of recently divorced that meet in your area. These people are at different stages in the process and can often offer help based on their experience.

Step 8

Make some decisions and see how they fit. If some decisions don’t work then be prepared to alter your decisions.

Step 9

Assessment of decisions is very important. During separation and divorce our minds are muddled with emotion. That is why whenever possible take as much time as you need to make some decisions. Then step back and look at the results of those decisions.

Step 10

Assess in the immediate aftermath of a decision and then reassess a few months later. How is it all working for you? Unless you have made some long term financial commitment, any decision can be altered or changed completely.

Organizing our decision making is a steadying force in the tumultuous separation and divorce process.

MORE ARTICLES BY LINDA 

ABOUT LINDA SIMPSON

“I take strength from your calm, your honesty, and the hope you give me for my future.” Cheryl 

Linda is a fresh voice in the divorce advice world. She offers a pragmatic, common sense approach to life after divorce issues based on over twenty years surviving and thriving following a very traumatic divorce.

As a single parent, her sons are an enormous source of joy in her life. She is a loving mother and grandmother to four delightful grandchildren.

She holds a degree from the University of Waterloo with concentrations in sociology and philosophy and guidance counselling certification from Queen’s University.

She is an accredited trainer for The Peace Education Foundation, a leader in conflict resolution training. The institute is ‘dedicated to educating children and adults in the dynamics of conflict resolution and promoting peacemaking skills in home, schools, and community.’

In a long and successful teaching career, she also served as a counsellor and workshop facilitator for SEL (social emotional learning) programming and The Peace Education Foundation throughout her school and school district and was a frequent conference presenter for SUNY Potsdam Faculty of Education USA.

She writes for The Divorce Magazine UK and her blog is seen regularly on Huffington Post Canada where the focus is life after divorce and parenting issues.

She is a writer and poet and is presently at work on a book based on her divorce experience.

Husband Moved out Boxing Day

My Husband Moved out Boxing Day

Linda Simpson
Linda Simpson
Divorce and Parenting Consultant
Writer and Speaker

My husband moved out Boxing Day. I don’t know why we thought spending Christmas together would be a good idea when we knew we were separating. The kids were sad, I was angry and he was eager to get through Christmas to leave. Now what?

There are lots of separating couples that make decisions they wonder about at a later date. Some even go on one last holiday and others spend one last holiday season together.  You did it, it’s over and there is nothing you can do to change what happened.

What you can do now is focus on your life with your children and your future. If you are OK, your kids will be OK.

Routines are essential to establish stability in the new family unit. If you have shared custody then make sure the children have input on the scheduling of their visits back and forth.

Perhaps one of the most difficult aspects of divorce is acceptance of the changes needed in this new reality.

Rules need to be established. Will he be expected to knock at your door and wait for it to be opened? How much interaction between the two of you is another question to consider. Do you keep connected on social media? Too often social media is used as a place to get even and no one benefits from public outbursts. Your children might see it and their friends might see it too.

Your goal right now is to begin to put your new life together ensuring stability for your children after what has probably been many difficult months.

Learning a new language of ‘my’ children and ‘me’ is another task. They are your children together but when talking to friends and family I found it best to refer to them as mine. Using plural pronouns only complicated matters because we weren’t ‘us’ anymore.

He is gone. So another question is how you will refer to him in conversation. The children’s father is one example and his given name another. Both are less abrasive than my Ex.

Starting a new life has its challenges but being prepared for these eventualities helps ease the transition. Your children have probably experienced some very difficult times and keeping the negative emotion controlled will be of great benefit to them.

How will you deal with parent teacher interviews? Do you feel comfortable sharing the interview with him or do you wish to do it separately?

Schools are very accommodating toward separate interviews so ask for it if you feel that is what you want. Above all do what makes you most comfortable and not what he expects you to do. This is your new life now.  School concerts and sports events can be dealt with in the same way. Any decision can be altered down the road but for now do what feels best for you.

Resolve to be the best parent you can be. Your children need to know they can depend on you and that you will be balanced and fair in your decision making with them.

Too often our loss of control in the divorce process leads to an anger that is acted out on people closest to us.

Gaining control of our emotions means better decision making and there will be many decisions ahead. Your children have a future that needs to be considered. They can weather divorce and lead fulfilling lives with kindness, security and guidance.

Please Read our Letters to Linda Disclaimer

ABOUT LINDA SIMPSON

“I take strength from your calm, your honesty, and the hope you give me for my future.” Cheryl 

Linda is a fresh voice in the divorce advice world. She offers a pragmatic, common sense approach to life after divorce issues based on over twenty years surviving and thriving following a very traumatic divorce.

As a single parent, her sons are an enormous source of joy in her life. She is a loving mother and grandmother to four delightful grandchildren. 

She holds a degree from the University of Waterloo with concentrations in sociology and philosophy and guidance counselling certification from Queen’s University. 

She is an accredited trainer for The Peace Education Foundation, a leader in conflict resolution training. The institute is ‘dedicated to educating children and adults in the dynamics of conflict resolution and promoting peacemaking skills in home, schools, and community.’

In a long and successful teaching career, she also served as a counsellor and workshop facilitator for SEL (social emotional learning) programming and The Peace Education Foundation throughout her school and school district and was a frequent conference presenter for SUNY Potsdam Faculty of Education USA.

She writes for The Divorce Magazine UK and her blog is seen regularly on Huffington Post Canada where the focus is life after divorce and parenting issues.

 She is a writer and poet and is presently at work on a book based on her divorce experience.

divorce and children's happiness

Children of Divorce – Why one Size does not Fit all when it Comes to Divorce and Children’s Happiness

Vanessa Fox
Partner and Head of
Family Law
hlw Keeble Hawson

In my long experience as a family lawyer, children of divorced or separated couples can be happy or unhappy – regardless of contact arrangements.

This view contradicts a study from Stockholm University which was widely reported and which claims that children who live full time with one parent are more likely to be stressed than those in shared custody.

Researchers say one explanation for the findings of the report – which relates to Swedish families 14 years ago – may be that children who spend most of their time away from one parent, lose contact with relatives, friends and money.

Rather than be drawn into the often widely differing findings of such studies, it is perhaps more important to concentrate on common sense, and take practical measures to reduce the impact of divorce and separation on children’s health and wellbeing.

While my professional experience is largely confined to parents who are in conflict during or following a break-up, it is apparent that different triggers spark stress in children and young people.

A child living with one parent could be thoroughly miserable with the arrangement – missing the other dreadfully, left insecure by the split – and with profound feelings of guilt and great trepidation about the future. If they have a good reason for not wanting to always be with the lone parent – their stress levels will escalate.

Conversely children whose separated parents get on very well – and who have regular contact with both – may become anxious over handovers from one parent to the other. Causes of aggravation might be unwelcome journeys, separation from friends, pressure of meeting schedules and unease with a non-resident parent they do not know as well.

The overarching goal in these situations is the same as that which lies at the heart of family law: in all cases and circumstances, the wellbeing of the child must come first.

While it is understandable at the outset of divorce or separation for both parents to want to share custody and contact equally, there are often so many reasons why this is not always possible. For example, children may not benefit from seeing both parents if one has insufficient time to sustain a relationship and stay abreast of their interests.

What is crucial is that parents do all they can to sort things out with maximum cooperation and minimum argument. It is vital that they behave like responsible grown-ups in arranging the needs and comfort of their children – planning meticulously, if possible together, and explaining lifestyle changes to the children as soon as possible.

To achieve this, parents can work with professional advisers who can guide them through all the considerations that make an amicable outcome possible and help reach agreement constructively through a collaborative route to divorce.

About Vanessa

hlw Keeble Hawson partner, Vanessa Fox, marked 25 years as head of the firm’s family law department in 2016.

Collaboratively trained and a qualified mediator, she has modernised South Yorkshire Resolution since becoming chair in 2013 and is also a member of the Law Society’s Family Law Panel and the Children Panel.

She can be contacted on 0114 290 6232 or at vanessafox@hlwkeeblehawson.co.uk.

Cordell & Cordell

The Legal Landscape and Male Representation: A Q&A with Cordell & Cordell

Cordell & Cordell
Barbara Johnson-Stern, Partner at Cordell & Cordell

Divorce and family law is an area in which men are consistently faced with stereotypical views, and these all too often affect the outcome of family and divorce disputes.

When it comes to divorce and family law, where do men truly stand?

Is there light at the end of the legal tunnel or are males facing divorce proceedings always going to be tarred with the stereotypical brush that has historically played a role in divorce disputes?

The Divorce Magazine talks to Barbara Johnson-Stern, Partner and Head of Operations at Cordell & Cordell, a legal firm that focuses on the fair, legal representation of men.

We discuss the legal landscape, the obstacles faced by men fighting cases against female spouses and the challenges Barbara encounters on a daily basis.

How are men stereotyped during divorce proceedings in your experience?

In my experience, this varies, but the overarching stereotype I see time and time again is that men are ‘seen’ as not being interested or present in their children’s lives. They are also stereotyped as being more resilient than their spouses.

Finances also come into play here. There is a significant stereotype based on the perception that men’s financial needs are secondary to those of their former spouses, that they won’t be impacted as much as their partner and that they will recover financially without consequences.

There are also many stereotypes about children – especially that the mother ‘should be’ at home and that she does not have to contribute to the family in a financial sense.

How do you feel about these stereotypes?

These stereotypes are apparent and I see them a lot day to day. They are not only outdated, but they also communicate a sense of entitlement that I believe women can have throughout the entire divorce process.

I think that men are so aware that these stereotypes exist that when they come to the table, they lack hope and optimism and feel they are fighting a losing battle.

This should not be the case.

Could you comment on the female mindset when it comes to divorce cases?

Whilst everyone is an individual and this isn’t the case for all the women I have had dealings with, in my experience, women sometimes come with a strong belief that the only factor that will change as a result of a divorce is that their husband will no longer be in their lives.

Factors such as finances, housing, family set-up and support don’t seem to come into consideration. This can make it appear as though the she is entitled to a level of support regardless of the wider circumstances surrounding the divorce.

What obstacles are faced by men fighting cases against female spouses?

There are numerous obstacles faced by men who are battling proceedings with their female spouses. These range from the pressure they place on themselves to the obstacles they create for themselves by struggling to believe that they have a place in their children’s lives, which is absolutely not the case.

Men do tend to come to the table with the stereotypical notions that mothers are more important and better at raising the children.

These are clear and significant challenges which must be overcome and the stereotype around them needs to be quashed if we are to move forwards with family law and legislation surrounding divorce.

What frustrations do you regularly encounter in your position?

My biggest frustration, and one that I encounter regularly, is how we deal with domestic violence within these relationships and the stereotypes men deal with in these situations.

Our biggest failure towards men is how we deal with domestic violence allegations in divorce when, at times, the burden of proof can be so light.

We don’t shed light or challenge women in these situations. I understand the challenges that women face in these situations, but some men are being accused of so much without proof.

Where would you like to see the legal landscape shift to in the next 2–4 years with regards to men in divorce and child custody hearings?

What I would absolutely love to see is there no longer being a sense of shock when men gain custody.

I would also like to see maintenance being determined by the circumstances within the marriage as opposed to being controlled by the stereotype of women automatically being prioritised in the finances.

I strongly feel that a move towards a more appropriate, transitional maintenance award is required and we should accept that there are both females and men at fault. This shouldn’t be an uphill battle.

What direction would you like to see the legal landscape moving towards in the future?

I would like to see more men become divorce lawyers. I think this is hugely important. I haven’t looked at the statistics but I have noticed a lot more women picking family law.

I also feel we are eliminating and eradicating these very significant stereotypes case by case. We are trending in the right direction, so the more things change, the more we’ll find ourselves in a place where we have made real progress.

About Barbara

Barbara Johnson-Stern is Partner at Cordell & Cordell, which focuses on the fair legal representation of men.

Barbara works hard to continually improve the level of service and representation given to her clients and is licensed to practice law in England and the states of Colorado and Utah. 

 

Featured image photo credit: Fabiana Zonca You are my hero!!! via photopin (license)

How to Deal with Lies

How to Deal with Lies your Ex Feeds your Child – Part 2

Ruth A. S. Nichols, M.A., M.A., CFLE p (Certified Family Life Educator, provisional)

Based on the illusory truth effect your child is now a target of abuse.

As a parent you are deprived of doing what you really want to do: Parent your child!

You need to speak up. How do you respond?

What you want to say involves engaging in a barrage of of accusatory and condescending remarks. Words exchanged will mimic previous conversations of which there was no resolve.

We can safely assume no new information will emerge from this interaction leading to the conclusion that a different option may be more productive.

What you could say offers a flimsy and sarcastic response. At least you replied without going on a ranting diatribe. Right?

What you should say means responding as a caring, loving, safeguarding and responsible parent.

Why should the targeted parent choose a cordial and non-confrontational method?

Seemingly, the only thing worse than one parent chirping in the child’s ear is two parents coming from both sides saying how they should act, feel and think.

Simply put, someone needs to be the parent!

Here are three common scenarios using illusory truth effect and possible responses:

1) “Your parent has not called. Your parent does not want to talk to child. Your parent would rather do anything than call child”.

Truth: Targeted parents’ calls go unanswered, told ‘child is busy’ or messages are not relayed.

What the targeted parent wants to say: You want to think your co-parent will honor your child’s relationship with both parents. And, complying with court orders is a logical assumption. Correct?

What this does: Continues the confrontational aggression and blame dynamics. Undoubtedly, a rerun will not yield different results.

What the targeted parent could say:” I did call you. Your parent is just telling you that. Here is the phone bill-see? Look at how many times I called you”.

What this does: Divorce is between the parents-about the child! Involving your child will not address the problem. Showing the phone bill is may not be the best option for two reasons.

First, the child truly believes the words of their other parent. Reiterating your beliefs onto them insinuates the child is wrong.  Their other parent is already making efforts to sway them against you.

Two, phone bills are not for children. In essence, this response perpetuates the arguing by creating drama at the expense of your child.

What the targeted parent should say: “That must be hurtful to think I did not call you.  I am not sure why your parent would say that. That is not what happened although I understand you think I did not call you.  I absolutely love talking with you and always look forward to hearing about what you are doing and what is happening in your life. You can call me at anytime. I am always excited to talk to you. I am always available to you.”

What this does: Demonstrates empathy and concern for what your child is experiencing. Remember, their other parent, who they also love and trust is telling them something else, albeit a lie. Because of the illusory truth effect even if your child knows a fact to be true or not true, in hearing the fact over and over again they begin to see the untrue fact as the truth. Imagine how confusing this must be for them. Which parent do they listen to?

2) “Your parent does not love you.  If they really did care they would ____.”

Truth:  Targeted parents love their child and miss their child very much. (Not to mention that a parent telling their own child such a complete and utter lie is horrible.)

 What the targeted parent wants to say: Engage in a repetitive conversation filled with accusations and name calling of which no new information will emerge.

What this does: Arguing will not improve this situation. Some parents will never grasp the immediate or long-term ramifications of their words.

What the targeted parent could say: “That is crazy. Of course I care about you.  I love you!”

What this does: An abrupt and incomplete response does not address the issue or offer empathy.

What the targeted parent should say: “That must have been confusing to hear. There is nothing farther from the truth, I love you very much. We both love you. Your parent and I are divorced and living in different homes and that has nothing to do with our love for you. I know that you love both of us.  I am not sure why your parent would say that. I love you more than anything and I will always be here for you.”

What this does: Honoring their feelings validates their experience. Remaining calm, confident and steadfast is key. This is an opportunity to connect with your child and inquire about their emotions.

3) “The reason we are divorced is because your parent _____.   If your parent wanted us to be happy they would ____. What is wrong with your parent?”

Truth: One parent is attempting to undermine their child’s relationship with the targeted parent: a textbook case of emotional abuse.

 What the targeted parent wants to say: Set the record straight.

What this does: Combatting comments are a moot point. Parents who engage in these antics are not receptive to logic or reality.

What the targeted parent could say: “Your parent is the one who left us.  I am not the one who _____.  Your parent is out of control.”

What this does: Escalates confusion and prolongs the feuding.

What the targeted parent should say: “That must be confusing and scary for you. I am glad you shared that with me. I am sorry you had to hear the unkind words. I wish your parent would not discuss adult matters with you. Sometimes people say things that are not true. Your parent and I clash on a few things; however, the one thing we both agree on is how much we love you. Is there anything else bothering you that you would like to talk about? I want you to know that you can talk to me about anything. I will always be here for you.”

What this does: Acknowledges their experience in hearing bitter words about a parent they also love. Validating their thoughts demonstrates regard and respect. This opens the door for asking about their feelings and learning what may be causing anxiety, emotional pain or stress. Focusing on the child’s anger and hurt feelings is more important than proving their other parent wrong.

Regardless of the game playing how you respond to the accusations and name calling will make a difference to your child.

Will this happen immediately? Probably not. Eventually, your child will reject the overbearing and toxic environment.  Overtime your child will come to know the truth and see you as a calm, consistently caring, and thoughtful parent who offers a kind, loving and peaceful home.

Responding in an attentive, loyal and responsible manner allows you to do what you really want: Parent your child!

Part 1 explains the Truth vs. the Illusory truth. – Divorce Lies and the Impact on your child

References:

www.sciencedirect.com

www.businessinsider.com

www.theacorn.com

metro.co.uk

ABOUT RUTH

Ruth is a Certified Family Life Educator and advocate for SharedParenting.  She works in the arena of Shared Parenting focusing on the parent/child relationship in the divorce process.

Ruth actively participates in establishing equal parenting in custody and divorce. She has authored several articles on divorce, Family Court and Shared Parenting and is a contributor at the Huffington Post. She manages 3 sites directed toward the shared parenting arena and created a survey evaluating parents’ experience in Family Court.

LIKE on: Facebook.com/SharedParentingConfessional

Research and information offered to enhance the parent-child relationship.    SharedParentingInfo.com