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Now could be a key divorce time with children back at school say family barristers
| Published: 22nd September 2020 10:53 |
PARENTS wishing to divorce or separate tend to keep their marriages and relationships going to cover specific holiday periods with their children according to family law experts (September 2020).
Westcountry-based legal service, Children in the Middle® says September can be a key month for parents splitting-up, as it comes after the school holidays and, this year, months of home-schooling.
Family barrister, Elizabeth McCallum, who co-founded Children in the Middle® with fellow barrister Sarah Evans, says: “During this longer break, people tend to try and keep it together for their children, but once it is over they often have time to reflect and, then, seek legal advice from experts such as ourselves.
“If you add in the lockdown and the extended length of time many children have been off school as well, then they have been at home for months, including the holidays, with parents trying to make the time as stress-free and enjoyable as possible.
“In a normal year, people are more likely to think about separating or divorcing now because of the additional strains that appear during holidays, but if you add in the lockdown and the extra time children have been home-schooled, this has given an added dimension to it all.
“Ordinarily, September potentially sees an influx of cases for us, because parents wish to wait until after the long summer break when their children are back to school. This year, we’re anticipating more enquiries for our help now and into October due to the lockdown and the added financial and emotional strains many relationships are under as a result of the COVID-19 pandemic. For many the relief felt with children going back to school and them returning, potentially, to their work environments away from home and time with their partners, will add to their need now to finalise any plans to separate or divorce.”
Children in the Middle® is a unique legal service. It is the only practice solely specialising in offering separating/divorcing parents, wishing to make arrangements to see their children, direct access to barristers, inside and outside court, nationally in England and Wales.
In the past a solicitor was required to instruct a barrister, but due to rule changes under the Public Access Scheme, members of the public are now able to instruct barristers direct.
Elizabeth continues: “Divorce and separation can be very stressful, so we’ve put together a few tips for parents who are splitting-up. These could assist you to get through a very tricky period and will help protect your children, and you, if you need to take any legal action in the future. They include:
· Be wary of your friends offering well-meaning advice – every situation is different. They are not going to be objective or impartial, whereas trained professionals will be.
· Get expert advice – choose a family law specialist who you can communicate with in plain English. Ask about their background and experience.
· Keep your children out of any of the discussions or arguments – remember your ex-partner is also their parent and someone they love. It’s important to ensure their relationship with both of you remains positive.
· Be careful when using the Internet as a source of information –many websites relate to US not UK law and every case is different.
· Avoid undignified, unreasonable and emotionally charged written communications with your former partner as these, even texts, could potentially be used in court.
· Keep calm, detach your emotions and be fact-based in any discussions with your ex.
· Keep good records, get organised with your paperwork.
· Have a diary and take notes of anything you feel is important and relevant. This can also help you work through the break-up as well.
· Remember you no longer have to go through a solicitor to instruct a barrister to represent you inside and outside of court. By having direct access to barristers, you can save money by managing and handling the admin and the paperwork, while still benefitting from specialist legal advice from a children’s law expert.
· Take care of yourself – eat well, don’t become a recluse, spend time doing your favourite hobbies, socialise and get out into green, open spaces. It’s important to have perspective and not to fixate, and to also retain your health to help your children through the process, which can have health and emotional implications for them too.”
Sarah, who has been a family law specialist for more than 30 years, says: “As experts in making child arrangements following divorce and separation, we’re on hand to advise parents to work towards a sensible resolution. No matter how challenging your circumstances, we can guide you through making care arrangements that work for you and your children. We offer creative, practical solutions to even the most difficult problems, so you and your children can move forward in a positive way.
“The particular needs of your family and the wellbeing of your child are our top priorities. Wherever possible, we will help a parent reach a voluntary agreement with the other parent over the arrangements for their child. But, if court action is required, as barristers, we can provide the experienced representation a parent needs for every stage of the proceedings, from initial advice, drafting an application to the court, representation at hearings and preparation of witness statements and evidence.
“However, as a parent you may just need one meeting with us, so we can give you advice and guidance on the best way forward for you and your child.”
For further details, please visit www.childreninthemiddle.co.uk.
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