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The Benefits and Challenges of Shared Parenting
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The Benefits and Challenges of Shared Parenting

Published on
Rebecca Franklin
Rebecca Franklin
Divorce and Family Lawyer
Woolley & Co Solicitors

Shared parenting, an arrangement where both parents actively engage in raising their children post-separation, has gained considerable attention and support in recent years. Advocates argue that shared parenting promotes the well-being of children by ensuring they maintain strong relationships with both parents. However, despite its many advantages, this parenting style also presents unique challenges that require careful consideration and management.

Benefits of Shared Parenting

  1. Emotional Stability for Children: One of the primary benefits of shared parenting is the emotional stability it provides for children. Regular contact with both parents helps children feel secure and loved, reducing feelings of abandonment and loss that often accompany parental separation. Studies have shown that children in shared parenting arrangements typically exhibit fewer behavioural problems and have better psychological health than those in sole custody arrangements.
  2. Balanced Parenting Roles: Shared parenting allows for a more balanced distribution of parental responsibilities. Both parents are involved in day-to-day decision-making, caregiving, and nurturing, which can lead to a more balanced upbringing for the child. This equitable involvement also helps children see both parents as equally important figures in their lives, fostering respect and admiration for both.
  3. Enhanced Parent-Child Relationships: Regular interaction with both parents under a shared parenting model can strengthen the bond between parents and children. Each parent has the opportunity to build a unique and meaningful relationship with their child, contributing to a richer and more supportive family environment.

Challenges of Shared Parenting

  1. Logistical Complications: One of the significant challenges of shared parenting is the logistical complexity it introduces. Coordinating schedules, managing transitions between homes, and ensuring consistency in rules and routines can be difficult. Parents must communicate effectively and be willing to compromise to minimise disruptions to the child’s daily life.
  2. Conflict Between Parents: High levels of conflict between parents can undermine the benefits of shared parenting. If parents are unable to cooperate and communicate amicably, the arrangement can become stressful for the child. It is crucial for parents to prioritise their child’s well-being and seek mediation or counselling if necessary to manage conflicts.
  3. Financial Strain: Maintaining two households can be financially taxing. Shared parenting often requires additional resources, such as housing, transportation, and childcare, which can strain both parents’ finances. Ensuring that both homes provide a stable and comfortable environment for the child is essential but can be challenging to achieve.

Conclusion

Shared parenting offers numerous benefits, including emotional stability for children, balanced parenting roles, and enhanced parent-child relationships. However, it also comes with challenges such as logistical complications, potential conflicts between parents, and financial strain. For this form of parenting to be successful, parents must commit to effective communication, cooperation, and flexibility. By prioritising their child’s needs and working together, parents can create a supportive and nurturing environment that promotes the overall well-being of their children. As society continues to recognise the importance of both parents in a child’s life, shared parenting is likely to become an increasingly prevalent and valued arrangement.

Read more articles by Rebecca Franklin.

About Rebecca Franklin

Rebecca Franklin is a divorce and family lawyer based in Birmingham. She has built a solid reputation in the Birmingham and wider West Midlands area having acted for many high-net-worth individuals in resolving their divorce and relationship issues.

Rebecca was noted as “excellent at handling clients and able to sort the true issues within a case”, in Legal 500 2017, and is noted as a Recommended Lawyer for Family Law in Legal 500 2020.

Rebecca qualified as a Legal Executive in June 2004. She joined Woolley & Co in June 2014 from a Birmingham firm.

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Understanding Your Financial Rights and Entitlements in Divorce
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Understanding Your Financial Rights and Entitlements in Divorce

Published on
Richard England
Richard England
Divorce & Family Law Solicitor
Woolley & Co Solicitors

When navigating a divorce, understanding your financial rights and entitlements is essential. The process of dividing assets and determining financial settlements is highly complex and varies significantly from one case to another. This guide aims to shed light on key considerations for those seeking a divorce and looking for financial advice.

Starting point for asset division

Typically, the initial approach to splitting assets in a divorce starts with a 50/50 division. However, this is just a baseline. Several factors may influence this split, including the length of your marriage, each spouse’s earning capacity, and both current and future financial needs. This complexity underscores the importance of early legal advice to achieve a fair settlement.

Understanding different assets

Assets like pensions, homes, businesses, and savings are all part of the equation. Each type has its considerations:

  • Pensions – Often the second-largest asset after the home, pensions can be divided in several ways, including sharing or offsetting against other assets. Accurate valuation is crucial, as is understanding the implications of accessing these funds.
  • Family home – There are various ways to handle the family home, from selling and splitting the proceeds to one party buying out the other or maintaining joint ownership until a set future date. The chosen method should consider other assets and overall financial needs.
  • Business assets – If a business qualifies as a matrimonial asset, it may need to be valued independently to ensure it is appropriately considered in the settlement. Options include offsetting its value against other assets, sharing ownership, or even selling the business.

Calculating a fair settlement

Reaching a fair settlement requires a detailed assessment of all assets. It’s crucial to get accurate valuations and consider debts as well as assets. The division isn’t always equal, as the needs, contributions, and future prospects of each party play significant roles.

Legal process and negotiations

If you and your spouse cannot agree on a settlement, the matter may need to go to court, where a judge will decide based on a broad range of factors from the duration of the marriage to the standard of living and contributions made by each spouse. However, settling out of court through negotiation or mediation is often less costly and less contentious, focusing on fair and amicable resolutions.

The role of legal advice

Given the intricacies of financial settlements in divorce, consulting with an experienced family lawyer is highly advisable. A lawyer can help clarify what you are entitled to and suggest realistic expectations based on your unique circumstances. They can also facilitate negotiations and help draft a consent order to make any agreed-upon settlement legally binding.

Next steps

If you are going through a divorce and need to understand your financial entitlements better, it is wise to start with a consultation. Legal experts can offer personalised advice tailored to your specific situation, helping you navigate the complexities of asset division with confidence. Remember, every divorce is unique, and professional guidance is key to securing a fair financial future.

For personalised advice and to understand more about your specific circumstances, consider scheduling a consultation with a family law specialist. They can provide comprehensive guidance and support throughout the divorce process, ensuring your financial interests are well-protected.

Read more articles by Richard England.

About Richard England

Richard England is a divorce and family solicitor with Woolley & Co based in Sutton Coldfield near Birmingham. He is also a fully qualified family mediator and has over 33 years’ experience in the legal profession and over 30 years specialising in Family Law. During that time, he has built an enviable reputation representing clients in the Midlands and surrounding areas he has also dealt with overseas clients on many occasions.

Richard has been named as a Recommended Lawyer for Family Law in the West Midlands in Legal 500, where they note he is “very clever” and has “a brilliant business mind” as well as being “very professional and also speaks normal language which is a huge advantage”.

Richard specialises in financial settlements on divorce and in particular, complex cases involving business interests, farms, family trusts and overseas assets. He also advises clients in respect of co-habitation and pre-nuptial agreements, living together agreements and also in cases involving children.

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Protecting Your Mental Health in Divorce
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Protecting Your Mental Health in Divorce

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Gemma Scourfield
Gemma Scourfield
Divorce & Family Law Solicitor
Woolley & Co Solicitors

Divorce can often cast a shadow on your mental well-being amidst the whirlwind of legal proceedings, daily responsibilities, and emotional upheaval. Understanding that it’s normal to feel overwhelmed is the first step in safeguarding your mental health. According to research from Science Direct, the emotional distress of ending a relationship intensifies when children are involved, introducing feelings of guilt alongside a myriad of other emotions. This is echoed by findings from the Royal College of Psychiatrists, which indicate that children also deeply feel the impact of their parents’ separation, potentially leading to emotional and behavioural issues.

In 2022 alone, England and Wales saw approximately 80,000 divorces, underscoring the prevalence of marital breakdowns and the importance of managing their emotional consequences. It’s essential for parents navigating mental health in divorce to seek support not only for themselves but also for their children. Resources like those provided by the Royal College of Psychiatrists can be invaluable during these trying times.

Legal support plays a pivotal role in mitigating stress during divorce. Opting for a lawyer who prioritizes non-confrontational approaches can alleviate much of the emotional strain. It’s important to choose a solicitor who communicates clearly, without overwhelming you with legal jargon, and respects your pace throughout the decision-making process. Inquiring about fixed fees can also prevent financial concerns from adding to your stress.

Moreover, if you find the emotional toll of divorce challenging to bear, remember that support is available. Organizations such as Parenting Lives, Relate, and Family Lives offer advice, support, and resources to help you manage stress and navigate the emotional journey of divorce.

Remember, taking steps to protect your mental health in divorce is not just crucial for your well-being but also for your children’s. Amidst the chaos of divorce, prioritising self-care and seeking appropriate support can pave the way for healing and resilience.

Read more articles by Woolley & Co Solicitors.

About Gemma Scourfield

Gemma is a divorce and family law solicitor with Woolley & Co, Solicitors based in Pembrokeshire West Wales. She has been based in Wales since qualifying in 2007 although has clients throughout the UK and abroad. In 2016, Gemma was accredited as an Advanced Family Law Panel Member with the Law Society which recognises her expertise in domestic abuse and financial relief.

Gemma qualified as a family law solicitor in 2007, she joined Woolley & Co from a regional firm in Wales in August 2021.

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Your entitlement to spousal maintenance

Published on
Davina-Warrington
Davina Warrington
Divorce and Family Law Solicitor
Woolley & Co Solicitors

Understanding your entitlement to spousal maintenance following a separation is a significant concern for many. This form of financial support, distinct from child maintenance, is available only to those who were married and aims to provide financial assistance from one spouse to another upon the dissolution of their marriage. The necessity for spousal maintenance arises from various factors, including the length of the marriage, the employment status of each party, ages, childcare responsibilities, and the financial independence of both parties.

Spousal maintenance, also referred to as spousal support, is not a one-size-fits-all solution but rather depends on the unique circumstances of each marriage. A typical scenario might involve one spouse sacrificing career opportunities to manage household duties, thereby becoming financially dependent on the other, who is the primary income earner. In such cases, the non-working spouse may be entitled to financial support if they cannot sustain themselves with their own income or assets.

To determine if you are eligible for spousal maintenance, consider your financial needs against your potential income, the sacrifices made during the marriage such as career opportunities for homemaking, your age and its impact on your earning capacity, and the possibility of a financial clean break versus ongoing maintenance. Additionally, the willingness to pursue legal action, the implications of remarrying on maintenance entitlement, and the advisability of consulting with a divorce and family lawyer to assess your case are crucial considerations.

Applying for spousal maintenance typically involves negotiation or mediation, leading to an informal agreement that minimises legal costs and conflict. However, if an agreement cannot be reached, court intervention may be necessary to decide on the entitlement and amount of maintenance.

The payment of spousal maintenance can be structured in several ways: a lump sum payment, ongoing monthly payments, or a combination of both, tailored to the recipient’s needs and the payer’s ability to pay. The choice of payment method should be informed by expert legal advice to ensure it suits your specific circumstances.

In England and Wales, the calculation of spousal maintenance is not governed by a fixed formula but is determined on a case-by-case basis, taking into account each spouse’s financial resources and the reasonable needs of the requesting spouse. The duration of spousal maintenance can be indefinite or for a fixed term, often influenced by the length of the marriage and the agreement reached by the parties, with the understanding that remarriage of the recipient spouse terminates the maintenance entitlement.

At Woolley & Co, Solicitors, we offer specialised legal advice to ensure you secure the most beneficial spousal maintenance arrangement. Our approach is tailored to your unique situation. To explore your options and understand your entitlements more thoroughly, consider a free 30-minute consultation with one of our expert family law solicitors. Contact us at 0800 321 3832 or visit our website at www.family-lawfirm.co.uk for more information.

More articles by Davina Warrington.

Davina Warrington

Woolley & Co’s Burton upon Trent-based family solicitor, Davina, specialises in divorce, financial settlements and family law. Davina has always lived, studied and worked locally and deals mainly with clients in Derbyshire, Staffordshire and the wider East Midlands area.

Davina qualified as a solicitor in August 2005 and joined Woolley & Co in 2006 from a firm in Burton on Trent.

You can visit Davina’s profile here for more.

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Are Prenuptial Agreements Worth the Time and Money?
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Are Prenuptial Agreements UK Worth the Time and Money?

Published on
Davina Warrington
Davina Warrington
Divorce and Family Law Solicitor
Woolley & Co Solicitors

Marriage is often considered a union of love, trust, and commitment, but it’s also a legal contract with significant financial implications.

In the United Kingdom, as in many other parts of the world, couples are increasingly turning to prenuptial agreements to protect their assets and clarify financial expectations should their marriage come to an end.

However, the question lingers: Are prenups worth the time and money in the UK?

The answer, as with many legal matters, isn’t a simple “yes” or “no.” Instead, it depends on individual circumstances, priorities, and long-term goals.

What is a Prenuptial Agreement?

A prenuptial agreement is a formal document created before marriage that outlines the division of assets, property, and financial responsibilities in the event of divorce or separation.

A prenuptial agreement can therefore provide a measure of certainty against the risk of divorce. They can protect pre-marriage assets, inheritance and existing family commitments such as children from a previous marriage.

In the UK, these agreements don’t carry the same weight as a court order, which leads some people to question whether they are worth having. The courts do, however, take them seriously. This is because a prenuptial agreement is evidence of your intentions to one another in the event of your relationship breakdown.

It is one of the factors that a court may consider when looking at all the circumstances of your case. In fact, recent cases demonstrate that the courts are increasingly taking them into account when resolving financial disputes during divorce proceedings.

The Case for Prenuptial Agreements

Asset Protection: Prenups allow individuals to protect their assets, especially when one partner has significantly more wealth or property. This can be particularly important if there are inheritances, family businesses, trusts or substantial wealth involved.

Clarity: Prenuptial agreements can provide clarity and transparency about financial expectations and responsibilities, potentially reducing misunderstandings and conflicts down the road.

Financial Independence: A prenup can help each partner maintain their financial independence, which is essential for those entering a marriage with established careers and assets.

Less Conflict: In the unfortunate event of divorce, prenups can streamline the legal process and potentially reduce the cost and emotional toll.

Caution Around Prenuptial Agreements

For a prenuptial agreement to be considered the court will carefully consider these factors:

Timing – In most cases, both parties will need to sign a prenuptial agreement at least 28 days before the planned wedding date. This is to ensure that both parties are able to receive the appropriate legal advice prior to signing and there is no evidence that either party has been forced into agreeing to certain terms that would disadvantage them.

Understanding – The court will consider whether:

  • the party with the most to lose understood the nature of the prenuptial agreement.
  • both parties received independent legal advice.
  • either of the parties was under pressure to sign.
  • there appropriate financial disclosure.

Changes to circumstance – Life is unpredictable, and prenups may not account for future changes in circumstances, such as career advancements, health issues, or the birth of children. It is therefore essential, if you intend to rely on a prenuptial agreement that you review your agreement if your circumstances change.

So, Are They Worth It?

The value of a prenuptial agreement depends on your unique situation and priorities. If you have substantial assets or complex financial matters, a prenup may offer peace of mind and a degree of financial security.

For individuals with relatively modest means, there may be a desire to ring-fence specific assets. This is especially true for those who have inheritances or expect to receive one, or, for instance, in cases where one party has received a gift to help purchase a house and wishes to protect it before marriage.

It may also apply to situations where there are children from a previous relationship, and a parent wants to ensure that the assets they bring into the marriage are safeguarded for the future benefit of these children. Specific issue prenuptial agreements are gaining popularity as a result

While a prenuptial agreement may not be at the top of every couple’s wedding planning list, it can provide a sense of certainty and security. Its true value depends on your individual circumstances and your readiness to engage in open and honest communication with your partner.

If you are contemplating a prenup, it is essential to seek legal advice from a qualified solicitor who can offer guidance tailored to your specific needs and the current legal landscape.

Read more articles by Davina Warrington.

About Davina Warrington

Woolley & Co  family solicitor Davina, specialises in divorce, financial settlements and family law.

Davina has always lived, studied and worked locally and deals mainly with clients in Derbyshire, Staffordshire and the wider East Midlands area.

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Questions Divorcing Clients are Embarrassed to Ask
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5 Questions Divorcing Clients are Embarrassed to Ask

Published on
Davina Warrington
Davina Warrington
Divorce and Family Law Solicitor
Woolley & Co Solicitors

In my experience as a divorce and family law solicitor I find that people often feel embarrassed asking basic legal questions as they feel that they will look stupid.

I am asked the same questions time and time again and clients should never feel silly asking as it is important that they understand the basics so that I can do the best job for them.

Here are the most common questions I am asked.

Can we even divorce here if we got married abroad?

Your place of marriage is not really relevant when it comes to a divorce. Your living arrangements and other factors such as where you were born are more important.  The court will need your marriage certificate and if you got married abroad than a translation will be required, but if you have a connection with England or Wales chances are you will be able to divorce here.

We have been living apart a while now, I don’t have to show my ex my bank statements or other private information, do I?

If a financial settlement is to be negotiated fairly, then it is important that both parties provide full and frank disclosure.  Unfortunately, this will include things like bank statements and wage slips.  The law states that until you have a legally binding agreement (known as a Consent Order) then everything remains up for grabs.  This includes the contents of your bank account and your spouse is entitled to see what you have been doing with your finances since the separation.

Can I get a quickie divorce like the celebs?

There is no such thing as a quickie divorce and there never has been.  The media does give a rather unrealistic view on the time frames involved with divorce in this country.  In England, the average time for a divorce is around 12 to 15 weeks.  Whilst I have obtained a Decree Absolute in around 9 weeks, this is quite rare. This is because the divorce happens in stages and is not simply a case of putting a piece of paper into court and waiting for it to be stamped.

Do we need to go to court to finalise the divorce?

The divorce and the finances are two separate issues under English law. If the divorce is dealt with on an agreed basis, then the case will be dealt with by post and no one need ever attend court. The parties will only ever need to go to court if the grounds for divorce or the finances are in dispute and we need the Judge to assist with a decision.

Can we both use the same solicitor?

Divorce solicitors and their firms are not permitted to act for both parties in a divorce.  This is known as a ‘conflict of interest’. Each party will need their own separate divorce lawyer to provide them with legal advice to be sure that the process is independent. This applies even if all matters are agreed.

If you have questions about divorce or separation, however silly you think they are, contact an experienced family law solicitor. Make sure you get the answers you need before you make any important decisions about your family or relationship.

Article first published on the Woolley & Co, Solicitors website here – Questions divorcing clients are embarrassed to ask

Click here for more articles by Woolley & Co Solicitors

About Davina Warrington

Woolley & Co  family solicitor Davina, specialises in divorce, financial settlements and family law.

Davina has always lived, studied and worked locally and deals mainly with clients in Derbyshire, Staffordshire and the wider East Midlands area.

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manage your mental health as a single father
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Three Top Tips for Divorcing Dads

Published on
Richard England
Family law solicitor
Woolley & Co

Divorce is not easy for anyone involved. The husband and wife, kids, grandparents, friends. Everyone will be affected in different ways. The key thing is to navigate the process and negotiations in as calm a sea as possible.

In my experience, dads can often feel like they get the rawest deal when it comes to divorce or separation. However, by sticking to just three pieces of advice, you can get through it relatively unscathed and look to the future with optimism and hope.

Tongue biting – If you have kids and those kids are going to live with mum, which is still the most common outcome, try to understand that it is better to bite your tongue rather than argue over every little thing. That will not help anyone, particularly the children who will be confused and upset as it is.

It will be a very emotional time for everyone and it will be difficult. However, it is the right thing to do and can have far-reaching, positive repercussions. Divorce can be like a tug of war and if you pull hard, the other side will retaliate and dig their heels in. Bite your tongue and bide your time and things will calm down. Hopefully, your wife will do the same. If not, you will be doing what is right and it will bring benefits in the longer term.

There is a perception that if you do not retaliate to provocation, your ex will take advantage and push things further and further. In my experience, this is not the norm and family law solicitors should always seek to put in place arrangements that are not significantly skewed to one party or the other.

Be nice – Following on from the last point, you need to build an amicable working platform with your ex. You may stop being married but you do not stop being parents. You will need to talk, organise, and coordinate for a whole range of things. That works if, from the start, you are pragmatic about it. The knock-on effect will be that it makes so many other things easier to sort out, notably finances during the divorce, which is the second biggest issue to sort after the children.

If there is good will between the parties, there is more likely to be common sense across all things that need to be sorted. This is easier said than done. You are getting divorced so you probably don’t like each other much at that point but you have to find a way to have a workable relationship.

Don’t panic about money – In this day and age, it is more likely that there are two incomes into the household to consider, pensions, savings accounts etc. The idea that you are going to be “taken to the cleaners” is not something you should lose sleep about. It may be more common to relinquish some of the value in any property owned, but that could be offset by keeping a greater portion of any pension pot(s) and bank accounts. Put simply, there are four steps to sorting the finances:

  • Establish what assets there are
  • Quantify their value
  • Negotiate on who gets what
  • Get a court order to make the settlement legal.

That’s it. No matter how many or how few assets you have.

So, the recurring theme here is stay calm and reasonable. If you can manage to do that (and it will not be easy) you will be on track to the most satisfactory outcome all round – and it could save you a fortune by bringing an end to the marriage as quickly as possible.

Article first published on the Woolley & Co, Solicitors website here – Divorce Tips for Men and Dads

Click here for more articles by Woolley & Co Solicitors

About Richard England

Richard is a divorce and family solicitor with Woolley & Co based in Sutton Coldfield near Birmingham. He is also a fully qualified family mediator and has over 25 years experience in the legal profession and over 20 years specialising in Family Law. During that time he has built an enviable reputation representing clients in the Midlands and surrounding areas he has also dealt with overseas clients on many occasions.

Family law solicitor, Sutton Coldfield

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Going through divorce without a lawyer

Going through Divorce without a Lawyer

Published on
Andrew Robotham
Family Lawyer with
Woolley & Co

As a family lawyer one question I have been asked many times over the years is ‘can I deal with the divorce proceedings myself?’

The answer to this question is of course yes.

Anyone who has sufficient time, a brief background of the process and an ability to complete forms accurately could complete their own divorce petition and lodge the proceedings with the court.

However, this is not as simple a process as many people make out.

I have found through years of practice that I have very often been contacted by parties who have issued divorce proceedings only to find them rejected by the court due to some error being made on the paperwork and then not having a clue how to deal with matters thereafter.

At Woolley & Co our lawyers collectively have over 340 years’ worth of experience, which means we can offer a fixed price for the work to complete all the divorce paperwork meaning clients know exactly what they would pay through to Decree Absolute if the divorce itself is not defended.

Getting divorce paperwork right first time

What parties fail to realise is that the courts very strict in relation to how the paperwork is completed.

If there is an error in relation to what is detailed on the marriage certificate or if there is an error or insufficient detail in relation to what the particulars are regarding the reason why the marriage has broken down then the court can simply reject the divorce petition.

A District Judge must consider the petition and if it is considered that the grounds for divorce noted within that petition are insufficient then the petition can be thrown back and rejected in its entirety.

Just to make matters worse, the latest development has been a complete change in the format and lay out of the divorce petition itself. It is safe to say that none of us like change but change has to happen.

going through divorce without lawyers
DIY divorce could be a false economy

The latest version of the divorce forms are designed to enable people to be able to issue those proceedings themselves and effectively simplify the process.

However, the basic details and the basic information that is required for the Judge to consider whether a marriage has irretrievably broken down is exactly the same.

Whilst the forms may appear to be somewhat simpler they are still complicated in as much as they request a lot of detail and need to be completed in the way expected by the court if the court is to allow the process to progress.

Dealing with financial claims in the divorce process

As well as justifying a reason for the breakdown of the marriage which must be proven in every divorce case it is also necessary within the divorce petition to put forward all your initial financial claims within the marriage.

Whilst this is separate process from a legal perspective it is inextricably linked to the divorce itself.

The question is therefore if you do not include all your financial claims at the outset what difficulties may this pose for you later in proceedings?

DIY divorce could be a false economy

We are all short of time in what is a busy world and we are all looking to cut costs wherever possible to make life easier.

Whether the new divorce petition makes life easier and whether it is worth the risk of lodging the paperwork incorrectly and finding your petition rejected is something for you to consider.

And perhaps more importantly are you willing to risk the change that you have not made the appropriate financial claims and therefore lose out on what you might legitimately be entitled to?

I’m all in favour of simplifying the law, for clients and for us as family lawyers, but I do think it’s very important to understand the legal implications of decisions you make when you divorce, especially when it comes to agreeing a financial settlement.

And although all of us who’ve worked in the family law arena for years might think the forms and terminology is straight-forward to the public it really isn’t. So, do take advice and get help from an experienced family lawyer.

Click here for more articles by Woolley & Co solicitors

About Andrew Robotham

Article written by Andrew Robotham family lawyer with Woolley & Co, Solicitors.

Andy advises on all aspects of divorce, separation and family law and is highly regarded by clients and fellow professionals alike. You can reach Andy on 01332 413109.

Article first published on the Woolley & Co, Solicitors website here – Doing your own divorce – Can I go it alone.

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Can a parent lose custody of their child due parental alienation
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Can a Parent Lose Custody of their Child Due Parental Alienation?

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Catherine Edmonson
Catherine Edmondson
Family Law Solicitor with Woolley & Co

I was recently asked whether a parent can lose ‘custody’ for parental alienation.

The short answer is, yes, this can happen, although it is important to understand a few points of law and legal practice in considering this question.

Who gets Custody?

The short answer is – no-one. Under the laws of England and Wales a child should have a relationship with both parents, where that is in the best interests of the child.

This normally involves a child living with one parent and arrangements for them to see and spend time with the other parent, for some children it means they spend time almost equally, with both parents.

Problems arise when parents cannot agree over the care of their children. and in extreme cases one parent tries to prevent the other having any kind of relationship with their child.

Parental Alienation Explained

There is no legal definition of parental alienation, although it could be described as being a situation whereby one parent undermines a child’s relationship with the other parent due to such negative, coercive and manipulative behaviour that the child has little to no hope of being able to enjoy a relationship with that parent.

This goes against the principle that a child has a right to have a relationship with both parents, as long as that relationship is safe and appropriate.

Can a parent lose custody
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Parental alienation cases can arise where a parent makes allegations of abuse or harm against the other parent that are found to be false or exaggerated with the purpose of restricting or removing that parent from the child’s life.

In cases where there are concerns that parental alienation may be a feature, a guardian may be appointed for the child, to give them a separate voice in proceedings outside of either parents’ views.

A court may also consider the necessity of there being an assessment by a psychologist, psychiatrist or psychotherapist to assess the parents, the child or any other relevant person in the child’s life and could include observing sessions between the child and each parent.

Parental alienation can sometimes be clear and obvious; it can also be subtle and discreet.  An expert would have to consider not only what each of the parents and the child said, but also consider their actions and behaviour in determining whether alienation was a feature and if so, the extent to which it could be overcome or addressed.

There have been reported cases whereby a child has been removed from the care of the parent who has caused the alienation and has been placed in the care of the other parent to ensure that that relationship is nurtured and can flourish.

The courts consider that any manipulation of a child is emotionally harmful, which in turn can lead to long standing difficulties experienced by the child as they grow up and the way in which they are able to form adult relationships.

Putting the child first

It is vital that in every family breakdown, the needs of the child are at the forefront of every parent’s mind.  The need to have a relationship with both parents is vital to a child’s emotional wellbeing and development.

Whilst parents may be angry or upset at their former partner for the way the relationship ended, they have a duty to ensure that their children are protected from such emotions.

A parent who feels overwhelmed by their emotions should be advised to seek help or counselling to enable them to deal with those emotions away from their child, putting them in a better place to prioritise their child’s needs above all else.

Click here for more articles by Woolley & Co solicitors

About Catherine Edmonson

Catherine Edmondson is a family law solicitor with Woolley & Co and is based in Stoke on Trent. She is a member of Resolution, a trained collaborative lawyer and a member of the Law Society Family Law Panel.

Catherine advises clients on a wide range of issues from divorce and separation to financial settlements, cohabitation disputes and cases involving children.  Catherine’s clients come from all over the UK. You can reach Catherine on 01782 367294 or via the Woolley & Co website.

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Help families through divorce

Lawyers work with teens to help families through divorce

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Tamara GlanvillDivorce & family law solicitor
Tamara Glanvill
Divorce & family Law Solicitor
Woolley & Co Solicitors

A new guide to help parents talk to their teenagers about divorce has been pulled together by a pioneering charity and a family law specialist.

Woolley & Co has helped fund the project with Voices in the Middle, part of The Family Initiative charity, and joined with a group of young volunteers to look at what is important to them to know in the event of parents splitting up and how the topics should be approached.

These words of wisdom have then been captured in a free guide for parents about how to approach the difficult topic in the best way for all concerned to help them cope and move forward.

Andrew Woolley, Managing Partner at Woolley & Co, Solicitors, which has more than 20 partner-levels lawyers across England and Wales, said: “The work done by Voices in the Middle is really important and we were keen to help them expand the offering to support young people and parents going through divorce.

“It was a revealing process speaking with the youngsters about the things that were most important to them and how these topics could be, or should be, approached by their mum and dad.

“What we hope we have pulled together is a really practical guide to help families going through a difficult time and to make it just that little bit easier to cope with.

Help families through divorce
The Young People’s Steering group including Woolley & Co Solicitor Tamara Glanvill (back row 3rd from left) who worked on the conversation guides.

“As a responsible law firm, we are always striving to look past the legal services we offer and just do that bit extra to add value and help people. It is the right thing to do.”

The guide includes useful questions to ask, how to plan the conversation and lots of advice created by young people who have been through their parents’ separation.

Alice Piggott, one of the young volunteers involved, said: “Although stopping divorce is most likely not going to happen, the young person in the middle can be dealt with better.

“As young people ourselves, we feel inspired to make a difference in such a relevant and important situation as divorce, as so many young people are facing it alone today.

“Having a resource that parents can turn to, will help guide them in supporting their children with an understanding of the child’s perspective.”

Voices in the Middle is a project which delivers family services and programmes across health, young people, relationships and parenting.

To find out more about Voices in the Middle, visit https://www.voicesinthemiddle.com

About Tamara

Woolley & CoTamara is a divorce and family law solicitor with Woolley & Co based near Bedford covering Bedfordshire and Cambridgeshire.

She has a wealth of experience in all aspects of family law, having qualified as a solicitor in 1995 and practiced exclusively in this area since then.

Tamara is also trained in collaborative law – a process where the solicitor guides and supports separating couples through a series of meetings to find their own solutions to the complexities of divorce.

Tamara has been named as a Leading Individual for Family Law in East Anglia in Legal 500 since 2014. They say: “Excellent family lawyer Tamara Glanvill is known for her knowledge, good judgment and reasoned advice”.

Tamara is a confident, experienced and able Court advocate, with experience up to the Court of Appeal.

 

Main Photo by Alexis Brown on Unsplash

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The McLaughlin decision is a common-sense recognition that all children have the same needs and should not be discriminated against because of their parents’ relationship choices.

It is one that those campaigning for reform of the law with regard to cohabiting couples will welcome as a step in the right direction as much as those who campaign to end child poverty.

If children’s best interests are the primary consideration, then it is difficult to see why their parent’s marital status should be a reason not to meet their needs (and potentially place them in poverty).

This is something family law as well as the benefits system will have to grapple with if it is to meet the needs of all children.

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About Kathryn McTaggart

Kathryn is a divorce and family solicitor with Woolley & Co, based in South Wales and has strong links with West London.

She specialises in divorce and separation, as well as related financial matters, and has a particular interest in disputes around children.

This includes specialist knowledge of applications by a parent to move with a child to another country.

www.family-lawfirm.co.uk

 

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Lawyers get asked all sorts of questions. Quite often these can be unrelated to the legalities of the case they are working on.

In family law, what it often comes down to is additional emotional support.

While this is not what lawyers are there for, it goes with the territory – though a line does need to be drawn at some point.

However, there are some key questions that clients should ask when looking to engage a family lawyer at the start of a divorce process. Getting the right family law specialist is like choosing the right car. Get the wrong one and not only will you be uncomfortable, but you are unlikely to get very far without making a change.

The best lawyers want you to ask the right questions to ensure you are a good fit for each other. It’s better for them as well if everyone knows where we are at the start. Here are the top five questions good family lawyers want you to ask when speaking to them for the first time.

How long will my divorce take?

This may seem obvious but, so many people do not ask this. It means they can have unrealistic expectations about the timetable. This may cause tensions with a lawyer unnecessarily.

There are many things that can affect the time it takes for a divorce to go through, including how quickly you can agree with your ex over the division of assets and whether the court processing the petition is particularly busy or not. Certain elements have set time limits also. For guidance, 24 weeks would be about the fastest it could happen. Generally, expect five to seven months.

Will you be managing my case personally?

It is not uncommon for a law firm to have experienced lawyers or partners who meet potential clients, but the actual work is done by junior people. This means the quality of advice may suffer as well as the relationship you felt you had developed in the first conversation.

It is important you understand who is doing the work and what you are paying for. Are you paying for the work to be done and then additionally for a more senior solicitor to check the work?

You want to speak to the person who will be doing the work for you. You need to make sure they talk to you in plain English, explain legal issues in a way you can understand, and you have a rapport with them.

How will you pay for your divorce?

One of the biggest concerns for people instructing a solicitor is cost. In some instances, lawyers can be vague about fees. This might be justified where a case is contested or particularly complicated as it is impossible to know exactly how long things will take.

However, you should always be told in clarity about divorce costs. It’s always a good idea to ask about fixed fees. These are often available for the basic divorce and specific elements in other cases. A fixed fee gives clarity on the cost – though always check what you are getting for that price so there are no significant hidden costs.

Will I be able to get hold of you when I need to?

Solicitors are notoriously difficult to get hold of and criticism abounds of lawyers failing to return calls or reply to emails. Sadly, there is some truth to these claims. A good solicitor will give you clear guidance on what to expect, for instance they will return a phone call within 24 hours without needing chasing, or they will respond to an email within the day. Knowing this up front means you can hold them to account if these service levels are not met but also provides you with reassurance that you will receive a level of service that is acceptable.

What do past clients say?

Recommendations are a good way to find a family law solicitor, although it’s also important to choose a solicitor based on your own expectations. Testimonials from past clients are a great way of hearing about how they handle their cases. If you are interested in efficiency and professionalism you can look out for these traits. Likewise, if you want to feel listened to and empathised with you’ll find out by reading what others write.

The bottom line is you need a solicitor with the right skills and experience but also one who you can talk to. You also need to make sure that they are reliable and understand that going through a divorce is an emotional time for you. They should not be adding to the stress. Asking potential solicitors the questions above may just help you pick the right one, ensure you check from the start and save time and money.

This was a guest post by Susan Harwood of UK Family Law Solicitors, Woolley & Co.

About Susan Harwood

Susan Harwood is a family lawyer based in Cornwall and has clients all over the UK. Legal 500 describes Susan as ‘a highly competent and experienced practitioner’, ‘giving practical and client-focused advice.’

She deals with a wide variety of divorce and family law matters including cases with an international element, complex financial settlements, arrangements for children on separation as well as the drafting of prenuptial and other agreements.

Susan offers a free initial telephone chat for anyone with divorce or family law questions.  Contact Susan via email – susan.harwood@family-lawfirm.co.uk or call 01326 330684.

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