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Going through Divorce? On what grounds can you get a non-molestation order?
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Going through Divorce? On what grounds can you get a non-molestation order?

Published on
Anna Sutcliffe
Anna Sutcliffe
Senior Family Law Executive
Jones Myers

This article addresses key questions on Non-Molestation Orders including how to obtain one and, depending upon the circumstances, how to have one removed.

What is a Non-Molestation Order?

A Non-Molestation Order is a type of injunction that victims of domestic abuse can apply for.

It prevents your abuser from threatening or inflicting further violence or threatening behaviour upon you.

How do I get a Non-Molestation Order?

It is only possible to apply for a Non-Molestation Order if you can prove that you fall under the category of being an associated person.

This means that your relationship with the person against whom you are seeking the Order must fall within one of the following seven categories:-

  • you have been – or are – married to each other
  • you have agreed to marry each other
  • you have been, or are in, a cohabiting relationship
  • you have lived together but not by way of a tenant, lodger, boarder or employee you are having, or have had, an intimate personal relationship with each other which is or was of significant duration
  • you are related
  • you are parents to a child or the associated person has Parental Responsibility for your child
  • you are parties to the same family proceedings (i.e proceedings about children contact etc)

You will then need to complete an application FL401 and prepare a statement telling the Court what has happened and asking for the relevant Order.

The statement should include a Statement of Truth at the end of the document and be dated. If the abuser doesn’t know your address you can apply for it to remain confidential by completing a C8 form.

What if I need an Order urgently?

You can apply for an emergency Order which can be granted by the Court – without giving your abuser notice – for your immediate protection.

After that an “on notice” hearing – giving you and the abuser notice of hearing – will be listed on the first available date so the offender has an opportunity to address the Court. ;

Can I speak to my ex if I have a Non-Molestation Order?

These issues will be addressed by the Court. It is a normal for communication to be allowed in some way when children are involved but this is normally limited to “correspondence about arrangements for children only” or “correspondence through the Applicant’s Solicitors in respect of child arrangements.

What happens if a Non-Molestation Order is breached?  

Breaching a Non-Molestation Order is a criminal offence and the abuser can be arrested and imprisoned for up to 5 years.

How do I get a Non-Molestation Order extended or removed?

Courts usually grant a Non-Molestation Order for 12 months. You can apply for it to be extended or removed by writing to the Court in person, explaining the current situation along with why you want the Order lengthened or removed, and the benefit to you of doing so.

Click here for more articles from Jones Myers Solicitors

About Anna Sutcliffe 

Anna Sutcliffe is a Senior Family Law Executive with extensive experience of family law.

She specialises in divorce and separation and related financial arrangements along with cohabitation disputes and private law children disputes.

Highly experienced in dealing with domestic abuse cases, clients commend Anna’s sensible advice and commitment to achieving the best possible outcomes.

Jones Myers

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Key considerations before filing for divorce
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Key considerations before filing for divorce  

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

Filing for divorce is one of the most difficult life-changing decisions in a person’s lifetime and one which many spouses are understandably reticent to embark upon.

Various studies over the years have shown that divorce rates peak at key periods such as couples and families returning home from summer holidays which can put a strain on relationships.

However, on reflection, many divorcees wish they had taken more time to think things through before making the break in haste.

Others regret missing tell-tale signs of an impending split such as a spouse’s increased working hours, spending less time together along with reduced conversation and intimacy.

Before taking the plunge, we urge those in this quandary to consider the following:

    • Ask yourself why you want a divorce? Has your relationship irretrievably broken down – and is your decision based on emotion or logic? Most importantly, do you still love your partner? If the answer is yes and you feel your marriage is worth salvaging, consider counselling
    • Think through how terminating your relationship will impact on your children whose interests should always come first. It is well known that divorce can damage children’s long-term well-being
    • Talk to close friends or relatives who will enable you to step back and give you some perspective on the situation
    • Work through how your financial situation would change as fear of starting all over again can leave many people in a state of paralysis. This is particularly applicable to spouses who have not had to deal with financial practicalities such as tax, standing orders and direct debits. Would you have sufficient income, where would you live – and how would that work for your children’s domestic, schooling and holiday arrangements? Gathering the necessary documentation to understand your finances can help both of you to think practically about what might be achievable before appointing a family lawyer.
    • Who would be your support network? Which of your friends and family would help with children’s school runs, sports activities, and holidays?
    • Looking at your work and career, would your employer be supportive if you divorced and required extra time off if the children were unwell or needed taking to appointments etc.? Also, if you are the spouse who is currently not working and are thinking about divorce, it’s worthwhile to consider returning to some kind form of employment for financial independence and to boost your confidence and self-appreciation.

If after considering these points you decide that divorce is the only way forward, ensure you appoint an experienced family lawyer.

We highly recommend they are a member of Resolution – a community of family lawyers and other professionals committed to dealing with relationship breakdown issues in a constructive and non-confrontational manner.

Click here for more articles from Jones Myers Solicitors

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, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge.

www.jonesmyers.co.uk

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Why are more couples hiring a ‘Private Judge’ to expedite their divorce? 
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Why are more divorcing couples hiring a ‘Private Judge’?

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

A private court hearing where separating couples hire a ‘Private Judge’ to accelerate the outcome of their financial settlements is becoming the way forward for more people undergoing divorce.

The process, called Family Law Arbitration, can avoid a prolonged, expensive and a public hearing in court.

I was one of the country’s first ‘Private Judges,’ officially known as Arbitrator, when this option was introduced in 2012 to resolve differences on financial and property matters.

Similar to a judge, the Arbitrator hears the evidence from the parties, collects relevant facts and bases their decision on the evidence, taking into account the views of both parties. They make an Award over who should have what – which is final and binding in both parties.

Family Arbitration is an increasingly preferred option in contrast to Court hearings which can run the risk of a case being adjourned or unfinished due to pressure on court time or a judge becoming unavailable.

There is also the benefit of having the same Arbitrator through the process which will not happen at Court with different Judges being involved in the proceedings.

The process is quicker, confidential, and flexible and there is a substantial cost saving when delays are avoided. Divorcing couples set and agree their own timetable at the outset along with the level of the Arbitrator’s fees which they jointly pay along with any venue hired, and a transcription service if required.

Setting the scope of the dispute can, in many cases, also lead to a cost saving if the parties agree to concentrate on the essential points to be decided.

Similar to the court process Separating couples also incur legal or other costs for engaging lawyers to prepare for and represent them. Each party usually pays their own lawyer’s costs.

The Arbitrator also has discretion to order a party to pay a part or all of the legal or other costs of another party in cases resulting from one party’s conduct during the arbitration.

Backed by the government as a process to resolve disputes, Arbitration can still go ahead if couples are involved in court proceedings. Court rules give judges the power to halt court proceedings to give the parties the opportunity to resolve the dispute through arbitration.

There is little doubt that concluding these matters quickly and efficiently brings certainty to the parties and enables them to concentrate on the future having resolved the past.

Click here for more articles from Jones Myers Solicitors

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, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge. www.jonesmyers.co.uk

 

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New day dawns in divorce ending bitter ‘blame game’
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New day dawns in divorce ending bitter ‘blame game’  

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

The welcome announcement that divorcing couples can obtain a no-fault divorce from 6 April 2022 marks the most dramatic and far-reaching change in divorce laws in 50 years.

No-fault divorce finally ends the bitter ‘blame game’, making it easier for people to manage their separation and work together to avoid lengthy and stressful court disputes.

Under current legislation, to petition for divorce the petitioner must satisfy one of the following five facts to establish that the marriage has irretrievably broken down.

1.       Unreasonable behaviour

2.       Adultery

3.       Two years separation with the consent of the other party;

4.       Five years separation without consent; and

5.       Desertion.

This means that unless couples have lived apart for two or five years, one partner has to take some form of blame, either adultery or unreasonable behaviour.

No fault divorce will provide a less acrimonious divorce process, enabling one or both parties to issue a petition for divorce simply with a statement confirming that the marriage has irretrievably broken down.

A 20 week period for reflection follows – after which a conditional order is made.  Once a further 6 weeks expires, a Final Order can be granted.

While Children and Financial Arrangements will still be resolved separately, it is anticipated that the removal of ‘allegations’ will promote a better atmosphere for discussion and agreement.

As a niche family law firm we always stress the importance of putting children’s interests first. We have experienced at first-hand how prolonged divorce proceedings can cause conflict and lingering resentment and have long-term repercussions on their health and education.

Jones Myers, together with Resolution, which champions non-confrontational approaches in family law, has been at the forefront of lobbying MPs locally and at the Palace of Westminster for these major changes. We are understandably delighted with this rewarding outcome.

Designed to reflect society’s attitudes, the legislation was originally set to come into force in autumn 2021. The delay to 6 April 2022 is to enable the court IT system to be up and running with the new process.

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, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge. www.jonesmyers.co.uk

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Can my ex take our children out of the country

Can my ex take our children out of the country despite the pandemic?

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

The reopening of foreign holidays from this month is causing divorced parents to worry that their ex will want to take their children abroad.

The concerns are further heightened by the continuing global pandemic which places countries in a traffic light system of green amber and red depending upon their Covid figures and degree of risk.

The safety of your child is of paramount importance. At present it is illegal to travel abroad without a reasonable excuse. Anyone thinking of travelling for pleasure from May 17 when restrictions are lifted should follow Government advice on this website https://www.gov.uk/foreign-travel-advice

Outside of the ever changing restrictions due to Covid-19, there are only two circumstances in which your ex can take your children of the country for up to a month without your permission. Covid rules and regulations have not changed that.

The first is if they have a Child Arrangements Order that verifies that a child “lives with” them, or if they secure a Court Order – called a Specific Issue Order – giving consent.

The latter is applied for if your spouse does not have a Child Arrangements Order and thinks you are unreasonable in refusing permission. In these circumstances, the Court is asked to consider the facts of each case, and determine whether the child should be allowed to travel.

In reaching this decision the Court is likely to take into account relevant factors such as government advice, and quarantining rules, as well as other factors such as durations of the holiday and location etc. The Court is usually fairly reluctant to stand in the way of a child enjoying quality family time on a holiday abroad unless there is a clear justification for it.

For an application to be successful, the applicant should provide details of the proposed holiday – where they will be staying, with whom, for how long etc. The parent remaining at home may also need assurances that their spouse will return the child’s passport after the holiday and call them regularly while they are away.

Examples of when the court may not approve a holiday would be if a child may be at risk due to medical reasons or if they are travelling to a dangerous part of the world. It might also be reasonable to assume the Court may consider a further reason being the proposal to travel to one of the 40 countries currently on the Government’s red list.

Courts are also more wary if your ex plans to take your child to countries that are not a signatory of the Hague Convention on International child abduction. They include Afghanistan, Egypt, Iraq, Saudi Arabia, Zimbabwe, India and Iran.

If you have major concerns, you can also apply to the court for a Prohibited Steps Order which prevents either of you taking your children outside the country without the other’s permission.

If your ex pressurises you to approval their travel plans, we advise taking expert legal advice on the legality of the travel. You can also keep hold of your child’s passport until you have the details of the holiday and are satisfied it is safe to travel.

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”.  Jones Meyers

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Next steps for couples living together  - What is a cohabitation agreement?
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Next steps for couples living together  – What is a cohabitation agreement?

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

Taking tentative steps towards freedom following the lockdown’s first anniversary has re-enforced how challenging and stressful the last year has been for everyone.

This includes the thousands of couples who moved in together during lockdown for practical and financial reasons – and to reduce the risk of passing on the virus.

The emotional rollercoaster sparked by the pandemic has taken its toll on even the most robust relationships – not to mention its devastating economical impact.

Spring is symbolically a time of renewal and, as we readjust to our former lives and freedoms over the coming weeks, we recommend couples who are continuing to live together to protect themselves should they break up.

Cohabiting couples are the fast growing family type in Britain – but, unlike married couples, they do not have any legal protection or rights if their relationship goes sour.

These rights right span savings, income, pensions and business interests and property. In 2020 the Mortgage Advice Bureau saw a 60% year-on-year rise in applications from cohabiting couples, indicating the lockdown had accelerated the moving in process for many.

We urge unmarried partners to consider a cohabitation or ‘living together’ agreement which sets out what they want to happen – both while they live together and if their relationship ends.

The agreement clarifies who owns what and in what proportion. It also includes how property will be divided and what will happen with personal belongings, savings, debts, pensions and other assets.

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

The agreement can be drafted before or during a couple’s time together. It can likewise be altered as long as both parties agree that the original agreement should be changed, and how.

Agreeing the ‘what if’ scenarios should one partner leave, win the lottery or die, 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 avoid the likelihood of cohabitees, particularly those with children, 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.

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, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge. www.jonesmyers.co.uk

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can living with a new partner affect your divorce settlement 
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When can living with a new partner affect your divorce settlement?  

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

The prickly issue of how living with a new partner can affect divorce settlements can vary from case to case and have long-term repercussions on a former spouse.

In divorce proceedings, all ex-spouses are required to be open and transparent about financial disclosures (which include cohabitation) until a financial agreement or order has been agreed by a Court.

This agreement is a contract between the divorcing couple and is invariably made an order of the court. It sets out how any property, finances and spousal maintenance should be shared between them post-divorce.

The Financial Order, also known as a Court Order, sets out the financial arrangements between you and your ex. Approved and issued by a Judge, it makes your terms legally binding.

Here are some examples of how cohabiting with a new partner can impact on financial settlements.

Scenario 1

The ex-husband has been the primary earner throughout the marriage while his former wife stayed at home to look after their children. He meets a new partner who owns her house and earns a good salary.

In this case a Court may consider that the housing arrangements of the husband are resolved and may then give a more favourable view of the wife’s position. It could be her entitlement to remain for a period of time in the property or to receive a more generous share on sale.

The husband will also have less housing costs (as he may be sharing these with his cohabitee) and therefore will have a greater disposable income from which to pay maintenance.     

Scenario 2

A husband and his former wife have undergone divorce and a financial order has been agreed in which she receives maintenance. During the financial settlement process, his ex-spouse fails to disclose that she has been living with a younger man on a low-income.

The Court would need to be satisfied that the wife’s financial situation was much improved by the cohabitee sharing housing costs and she may risk a reduction in maintenance.  If the cohabitee was earning a substantial income, this could also have an impact by a reduction in the maintenance.

Scenario 3

Complexities arise in situations where, for example, a former husband on a good salary has been cohabitating with a new partner who has four children, one of whom is disabled.

There is a conventional view that first families come first.  The husband in this instance was aware of his responsibilities to his first wife and family before he embarked on a second relationship.  However, in this case the Court has a difficult balancing act to satisfy the financial requirements of 2 families.

Key considerations

As an ex-spouse you must give a full and frank disclosure of your financial means to your ex and vice versa right up to the point that the Court Order is approved.

If you start living with a new partner before the financial settlement is agreed or have an intention to do so after the divorce – and have not disclosed the relationship or intention while negotiations are ongoing – your settlement can be changed when it is later discovered.

The outcome could result in a change in the terms of the order and the possibility of paying the court costs.

If you are unsure of your position on cohabitation while divorcing, I urge you to seek advice from an experienced family lawyer.

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, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge. www.jonesmyers.co.uk

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is my ex entitled to a share of my pension

We’re divorcing – is my ex entitled to a share of my pension? 

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

On divorcing the process of financial disclosure – a full statement of your current earnings and assets – aims to protect you both.

It also seeks to ensure that you each receive a fair settlement which may well include a division of the pension benefit fund.

Pensions are often one of the most valuable assets of a marriage and play a vital role in deciding financial claims on divorce.

Pension sharing – which provides a clean break between parties, as the pension assets are split – has been given more prominence in recent years. It recently hit the headlines when a BBC producer lost her court case to reduce her unemployed ex-husband’s 33% share of her £2 million fortune.

In this particular case, The Court of Appeal reaffirmed that pension sharing is appropriate when deciding on the allocation of capital.

Judges took into account the length of the marriage and discounted the former wife’s allegation that her ex-husband had made a ‘significantly negative’ contribution to the family fortune during the marriage.

They also upheld an earlier ruling and said the original £733,650 and pension share he was awarded would meet his ‘needs’.

The criteria in considering a pension share requires the pension fund to be valued and included in the list of the family’s assets.

The receiving party needs to decide if it’s better for them to receive a percentage share or, in some circumstances, seek a greater share of the liquid capital as a “set off” when not pursuing a share of the pension.

Some divorces may entail several pension arrangements so it is important you think about which arrangements should be shared. Expert advice from an Independent Financial Adviser is necessary to ensure the correct pension(s) are shared and to what extent. Advisors will also assist with the valuation and projected future incomes.

The pension share may be internal (when the recipient becomes a member of the scheme) or eternal when the share must be invested in an existing or new arrangement of the receiving party. Utmost care should be taken to obtain details of the cost of any transfer.

The court will look at the needs of the parties and take into account what other assets are available for distribution.

Agreed financial settlements avoiding Court can also be decided through alternative processes including Mediation where an impartial third party “the mediator” helps you discuss issues confidentially and find workable agreements.

There is also Collaborative Family Law where a “no court” agreement is signed at the beginning of the process so that there is a shared commitment to finding an agreed resolution

Another option is Arbitration where a Family Law Arbitrator such as myself decides the outcome of divorce financial settlements in the role of a ‘judge’

With Mediation, Collaborative Family Law and Arbitration, once there is agreement (or an Award) details are submitted to the court for an order which enables a pension share to be implemented.

Sadly, going to Court is necessary in some cases. Before making any decisions we recommend that you consult an experienced family lawyer who can advise on the most appropriate route for your individual situation.

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, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge.   www.jonesmyers.co.uk

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lockdown affects children's contact arrangements

How the latest lockdown affects children’s contact arrangements

Published on
Lisa Russell
Lisa Russell
Solicitor
Jones Meyers

The third national lockdown – forced by a surge in the new variant of Covid-19 – will no doubt further increase logistical and practical challenges for parents who are divorced or separated.

Estranged parents are understandably concerned about arrangements for seeing their children after schools and colleges in England have been shut until at least half term and A-Levels and GCSEs cancelled.

Restrictions mean everyone must stay at home except those who cannot work from home. Leaving the house is only permitted for specified reasons including essential shopping, medical assistance and exercise.

Children under 18 whose parents are separated can still continue to visit parents they do not live with – providing both households are healthy and children are not put at risk.

Support and child care bubbles can remain the same but, as with previous lockdowns, children and their parents cannot mix with people (either indoors or outdoors) outside their parents’ households.

The latest school closures will no doubt be very difficult for separated parents who will need to ensure their children can participate in remote learning – regardless of whose home they are in throughout the week.

Children of key workers will be entitled to school provision and nursery school children can access Early Years childcare which will remain open.  It is vital that separated parents communicate regularly and are flexible regarding their usual child contact arrangements to enable each parent to continue to work.

The guidance from the President of the Family Division and Head of Family Justice, RT Hon Sir Andrew McFarlane back in March 2020 remains as relevant now as it was then. “It is for the child’s parents to make after a sensible assessment of the circumstances, including the child’s present health, the risk of infection and the presence of any recognised vulnerable individuals in one household or the other.”

There is a lot of evidence that children can thrive in separated families.  What is damaging for them is being exposed to conflict between their parents.  In situations where effective communication is not so straightforward mediation can help to work out suitable arrangements. It can also minimise the risk of children being “caught in the crossfire”.

Click here for more articles from Jones Myers Solicitors

About Lisa Russell

Lisa’s expertise in family law spans over 14 years and covers all aspects of child law, representing clients in the High Court, County Court and Family Proceedings Court.

Lisa acts for parents, children, grandparents and Local Authorities in proceedings. She also advises and represents parents, children and other family members in relation to private law children act proceedings. Lisa’s clients value her empathetic manner and sensible approach.

www.jonesmyers.co.uk

Front page photo by Mick Haupt on Unsplash

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TIPS FOR MANAGING CHILDREN ARRANGEMENTS THIS FESTIVE SEASON
Photo by Elena Mozhvilo on Unsplash

Tips for managing children arrangements this festive season  

Published on
Lisa Russell
Lisa Russell
Family Solicitor
Jones Meyers

Following an unprecedented year, many estranged parents understandably have additional concerns and questions about the arrangements for their children during the festive period due to the Government’s Covid-19 restrictions.

In what can in normal circumstances be a difficult and emotional time of year, separated parents are also having to navigate further rules which will influence how families can spend time together during the holiday period.

Following a change in restrictions on 19th December 2020, those living in the new four tiers in England can now only celebrate Christmas with members of their own household and support bubble. They cannot travel to other tiers to spend time with family and friends.

For people in tiers 1,2 and 3, a Christmas bubble can continue to be formed. However, this is now restricted to allow up to three households to meet on Christmas Day only. Christmas bubbles are no longer permitted between 23rd and 27th December. Family and friends in Tier 4 cannot be included in the Christmas bubbles of those living in the lower tiers.

It is recommended that everyone stays local and avoid travelling from a lower to a higher prevalence area. Importantly overnight stays are prohibited and therefore this in Christmas bubbles can spend time with each other during the day only.

If you are in an existing support bubble with someone who lives in a Tier 4 area, you can see each other on Christmas Day. If you choose to do so, you must not join a Christmas bubble with anyone else.

As with the earlier lockdown, children under the age of 18 can move between the homes of separated parents and their respective “Christmas Bubbles”.  Nobody else should be in two bubbles.

If one or both parents live in a Tier 4 area, children may continue to move between their parents’ houses, but neither household is permitted to join a Christmas bubble with others.

Here are our tips for managing your arrangements:

Plan Now – the earlier communications begin the better. Discussing the arrangements for Christmas early will allow time for consideration of each other’s expectations and plans and, importantly, compromise if there is no immediate agreement.

Remain Child-Focused – Like all children, mine have also experienced an extremely unusual and unsettling year. Unable to attend their normal nursery, school, alternative child care provision and extracurricular activities; they have also been prevented from socialising with peers, family members and enjoying the freedoms and experiences which childhood should bring.

Most children will no doubt have experienced confusion, worry and anxiety at one time or another during this pandemic.  Listen to your children’s views.

It is important to remember that Christmas celebrations do not have to take place on Christmas Day to be special and exciting for our children. The magic of Christmas can happen twice!  Now, more than ever, your children need to feel secure and loved and not bear responsibility for choosing between their parents and, in turn, their wider families.

Keep up to Date with & Remember the Rules – Depending upon which tier you live in, there is now just Christmas day when your children may have an opportunity to see their wider families which could include siblings, cousins, grandparents and other extended family members. It is therefore important to think flexibly and acknowledge that arrangements which worked previously may not this year for a number of reasons including the ‘normal’ division of time may not allow for both parents to spend time with the children during this one-day window – taking into account the new tier system.

For families where a separated parent wishes to travel abroad with children there are additional considerations. With travel restrictions changing daily, consult Government travel guidelines and be aware that the parent will need to ensure that all Covid-19 rules and precautions are followed including the need for quarantine and regarding any risk factors at the intended destination. The consent of the other parent who has Parental Responsibility must be obtained. If it is not given an Order from the Court granting permission to travel with the children is required. Bear in mind the Court system is currently under considerable pressure and it may not be possible for an immediate hearing – therefore the earlier the agreement or disagreement is established the better.

Have a Plan B – agree a contingency plan to avoid anxiety and disagreement at the last minute if original plans are not possible.

Seek Legal Advice – if you require legal advice in respect of the arrangements for your children during the festive period or otherwise please do not hesitate to get in touch. We offer 30- minute free consultations by telephone or video call.

Click here for more articles from Jones Myers Solicitors

About Lisa Russell

Lisa’s expertise in family law spans over 14 years and covers all aspects of child law, representing clients in the High Court, County Court and Family Proceedings Court.

Lisa acts for parents, children, grandparents and Local Authorities in proceedings. She also advises and represents parents, children and other family members in relation to private law children act proceedings. Lisa’s clients value her empathetic manner and sensible approach.

www.jonesmyers.co.uk

 

Main page photo by Elena Mozhvilo on Unsplash

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I’m seeking a ‘good’ divorce - is this realistic

I’m seeking a ‘good’ divorce – is this realistic?   

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

Good Divorce Week spans November 30 – December 4 and champions reducing conflict in relationship breakdowns and the damage – sometimes long lasting – it can cause to children.

As a niche family law firm we promote alternative ways to achieve a ‘good’ divorce which is in the best interests of children, their parents and their wider families.

The following formula promotes a spirit of mutual cooperation and fairness:

Always put your children first

The current unprecedented pandemic has further exacerbated the challenges facing estranged couples and parents beset with fears of job losses, concerns over co-parenting and child arrangements, maintenance and financial issues.

We encourage parents to keep communication channels open and to devise a parenting plan which boosts trust. Avoid arguing or criticising each other in front of your children and reassure them that your separation is not their fault.

Undergo Mediation

This spirit of cooperation extends to undergoing Mediation which can help couples resolve their differences and find solutions to move forward positively.

An impartial third party ‘the mediator’ helps them discuss issues confidentially and find workable agreements. With mediation agreements can be reached a great deal more quickly and cost effectively than by using the court process or in solicitors’ correspondence.

Ongoing communication also limits the emotional damage which follows in the wake of an acrimonious battle. Our specialist lawyers are experienced mediators and can offer online mediation.

Discuss future financial arrangements

The starting point for divorce is sorting out finances and disclosing assets such as your home, pensions, savings and trusts. Making decisions in the midst of life changing events isn’t easy – especially with the upheaval caused by the current pandemic. Our experts will advise and guide you through the process.

Appoint a lawyer who is a Resolution member

Good Divorce Week is organised by Resolution – an organisation of family lawyers and fellow professionals.

Jones Myers – a long standing member of Resolution (I am also a former national chair) – follows Resolution’s code of practice and is committed to dealing with relationship breakdown issues in a constructive and non-confrontational manner.

Enlist emotional support

Managing the emotional fall out of divorce is crucial. Our holistic approach and long-standing partnerships with wide ranging professionals ensure our clients regionally, nationally and internationally have access to counsellors and therapists. We can also assist with access to information on issues such as tax advice.

Reducing trauma, conflict and emotional conflict in the early stages of divorce and separation can pave the way for a more healthy and positive future that will help ensure children’s well being and happiness in the months, years and decades ahead.  

During Good Divorce Week Jones Myers is offering 30 minutes of free legal or professional advice to those who need it.

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, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge. www.jonesmyers.co.uk

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Urgent steps needed as remote court hearings isolate the most vulnerable

Urgent steps needed – Remote court hearings isolate the vulnerable

Published on
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”.

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