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Blog Advantage Mediation Ltd

10th January 2024

At the end of last year, Bristol University published the Fair shares report

Fair Shares report- below is the the exceutive briefing in full which says :

This research provides the first representative picture in England and Wales of the financial and property arrangements that couples make when they divorce.

The law governing this issue, contained in the Matrimonial Causes Act 1973, has been increasingly criticised in recent years. But much of this criticism has been based on the cases of a few wealthy couples.

Very little is actually known about how the law works for the entire 100,000 couples or more who divorce each year – the ‘everyday’ divorcees.

What they did

The study explored three broad research questions:

• What financial and property arrangements do couples make?

• How do they reach these arrangements? •

What are the short-term effects of these?

Fair shares team collected this information through a survey administered by YouGov of 2,415 recent divorcees, and 53 in-depth online interviews conducted by our research team. The reality of the ‘everyday’ divorce

Most divorcees had comparatively modest amounts of wealth on divorce – the median value of their total asset pool (including the net value of the home and any pensions) was only £135,000. 17 per cent had no assets to divide and 63 per cent had assets under £500,000.

Two thirds of divorcees had been owner-occupiers, but 34 per cent of these had homes with a net value (‘equity’) worth less than £100,000.

28 per cent of divorcees had been in rented properties, mainly in the private sector.

Women, particularly mothers, were more likely to have worked part-time during the marriage, to earn less than men and to have smaller pensions.

Lack of financial and legal knowledge

Over a third (37 per cent) of divorcees did not know the value of their own pension pot.

Ten per cent of homeowners with a mortgage did not know what the equity in their home had been and 38 per cent of divorcees felt their knowledge of their ex-spouse’s finances during the marriage was not good.

Whilst lawyers were the most common source of advice about the divorce, 12 per cent of divorcees said they had sought no advice or information.

Others relied on a variety of sources, including websites, but some were uncertain or confused about the information available.

Fair Shares? Sorting out money and property on divorce “Prepare yourself, life will be harder. Financially, like I say, no-one comes out of divorce better off than they were before you started.” Divorced Wife

The process of sorting out finances Only a third (32 per cent) of divorcees made use of lawyers in relation to their financial arrangements, with 42 per cent of those who did not do so deterred by fear of the cost.

Yet the amounts spent were relatively low. A quarter of divorcees (24 per cent) had had to find less than £1,000, with a further 18 per cent having costs between £1,000 and £2,999.

Nine per cent had costs of £10,000 or more, with higher costs associated with greater wealth.

Over half of divorcees who had reached a financial arrangement had done so by themselves, a further 17 per cent via solicitor negotiation and 13 per cent through mediation.

There was some confusion about what mediation was, and it was more likely to be used by those who had been to a lawyer first.

Divorcees were more likely to use a lawyer, and to go to court, when they felt unable to negotiate with their ex by themselves.

There was an association between using legal services and women getting a better deal.

Divorcees’ attitudes and objectives

We identified four broad ‘types’ of divorcee according to their attitudes towards their marriage and their ex-spouse.

These types helped explain the arrangements reached in the divorce.

Housemates took an individualistic approach to the marriage, focusing on who owned what;

parents gave priority to arrangements for their children; partners saw the marriage as a joint enterprise with each making an equal contribution;

unequals had difficult relationships with partners who dominated decision-making.

Equal sharing of assets was not the norm

Only 28 per cent of divorcees divided their wealth – including the matrimonial home – roughly 50:50, with the majority sharing out assets unequally because of individual needs (particularly those of their children), or according to who owned what.

Debts were generally allocated to who had incurred them.

Women were more likely than men to receive more of the equity in the home, while men kept more of the pension wealth.

Financial outcomes

Half of divorcees who had reached arrangements across all of their assets received less than £50,000.

23 per cent ended up with nothing or only debts and 21 per cent with less than £25,000.

Nine per cent came out of the marriage with £500,000 or more.

The matrimonial home The most common decision in relation to an owneroccupied matrimonial home (by 46 per cent of all homeowners) was to transfer ownership to one spouse, followed by selling up (29 per cent).

Rented tenancies were retained in 47 per cent of cases, with this being more likely for those in social housing.

Pension sharing

Only 11 per cent of divorcees shared a pension pot. General lack of interest in the pension, and a strong sense that it ‘belonged’ to the spouse who had been contributing to it, were the main reasons for this.

Higher value pensions were significantly more likely to be shared.

Achieving a financial clean break

Most couples favoured a financial ‘clean break’.

Only 22 per cent had a spousal maintenance arrangement, usually in favour of the wife, which was nearly always for a fixed term and tied mainly to childcare.

There was nothing within our findings to suggest maintenance was being used as a ‘meal ticket’ for life for wives.

Child maintenance

Most divorcing parents sorted out child maintenance separately from other financial arrangements. 39 per cent (including those with shared care) did not have a child maintenance arrangement at all.

‘Family-based arrangements’ (non-binding agreements) were the most common arrangement, with the highest levels of compliance.

Parents who made use of the Child Maintenance Service’s Direct Pay or Collect and Pay routes had more difficult ongoing relationships with their ex-spouses, and compliance rates were lower.

Although there is no legal duty on parents to maintain their children once they enter legal adulthood, 84 per cent of divorcees who had such children continued to support them for a time after the divorce.

Mothers were more likely to do so through enabling children to live with them at home, whilst fathers were more likely to provide financial support.

Circumstances after the divorce

At the point of the survey, up to five years after their divorce, female divorcees, particularly mothers and those in older age, tended to be worse off than men, even where they had re-partnered.

This briefing provides an overview of the key findings from the research study: ‘Fair Shares? Sorting out money and property on divorce’. The full report is available to download from: https://www.bristol.ac.uk/law/fair-shares-project/ The project has been funded by the Nuffield Foundation, but the views expressed are those of the authors and not necessarily the Foundation. Visit www.nuffieldfoundation.org Authors: Emma Hitchings, Caroline Bryson, Gillian Douglas, Susan Purdon and Jenny Birchall Achieving ‘fair shares’ - policy recommendations There is a need for authoritative, accessible and affordable information and legal advice to provide couples with a clear understanding of the law and how to reach a settlement, with signposting to appropriate and affordable services to help them, such as (but not limited to) mediation, where this is suitable. Couples should be encouraged to obtain consent orders to finalise their arrangements in order to secure certainty. A legal presumption of equal sharing of assets would not deliver a fair outcome between many divorcees nor reflect their own priorities. Given the range in wealth and earning capacity of the divorcing population, and couples’ own differing priorities and circumstances, it would be more likely to cement inequality as between husbands and wives, with mothers and older wives doing particularly badly. Instead, policy makers should focus their attention on enabling couples to take full account of all of their assets and their long-term prospects when deciding on what would be the right outcome for them and their family. In particular, greater consideration needs to be given to how pensions may more easily and more fairly be factored into the arrangements that couples make.

Blog Post No Fault Divorce

Blog Post 6th April 2022

The biggest shake up in family law in decades has occurred today 6^th April 2022.

The Divorce, Dissolution and Separation Act 2020 reforms the divorce process to remove the concept of fault.

This has come into force today 6 April 2022.

From 6 April, the new law:

Will replace the ‘five grounds’ and allows couples to divorce without fault
Will removes contesting the divorce
Allows a joint application
Allows simple language changing ‘decree nisi’ to conditional order and ‘decree absolute’ to final order.

These changes also apply to the dissolution of civil partnerships.

This can all be done online.

Personally, I am hoping these changes will have the following effect:

Be simpler using modern and understandable language
Reduce conflict between couples as there is no need to criticise each other in order to secure the divorce.

There are some pitfalls in this new era – for example it is important to check that finances such as Wills are in order prior to the final order to avoid unintended consequences.

Overall, however moving on to a new era of modern divorce will enable couples to focus on the important issues such as children or finances rather than the unkind “mud-slinging “that has gone before .

Blog Post 5^th January 2022

Happy New Year and if you are reading this well done – there are tips for resolving your family issues and some helpful resources here.

Many of our clients have benefitted from a recent government initiative to pay for joint family mediation.

A £500 voucher is available for a joint mediation meeting in family cases where children arrangements are in dispute. Even if finances are also discussed.

Vouchers are still available, and the Family Mediation Council have released some interesting data.

Early data which has been gathered through the scheme shows of 1579 cases the success rates for mediation are overwhelming :

Success Rates

77% Whole or partial agreement

23% No agreement

72% of cases that go to mediation under the scheme do not go to court at all

9% go to court with narrowed issues

19% go to court not having settled any issues in mediation

This all goes to show that you are in the right place to resolve your issues. Great start to the new Year!

Blog Post 3rd November 2021

Parenting through separation booklet

This is a valuable resource from Resolution which you may wish to read about Parenting through separation

https://resolution.org.uk/wp-content/uploads/2021/05/Parenting-through-separation-guide.pdf

Blog Post 29^th October 2021

Telling your children about separating

In telling your child or children you are separating so many questions can spring to mind. How to go about this? If you are asking yourself these questions well done. You are considering the effect on your children of how to manage a difficult situation .

When?
Where?
Who is present for the conversation?
What time of day?

There is no “best” way of doing this. I recommend explaining in a planned child age-appropriate way. Avoid shock dramatic exits or mixed messages from each parent. The chances are your child or children will have picked up there is a problem anyway so some careful thought and consideration can lead to a useful conversation which may bring about reassurance.

This is really useful short video you might wish to see. https://youtu.be/4LkT_mupY4U

Blog post 22nd October 2021.

Top Tips for parents who are separated

The FJYPB members are children and young people with experience of family law proceedings. They have devised these top tips for parents to help them think about matters from their child’s perspective. Are you interested in trying to see your situation from a child's perspective ? Then read on.

This is the link and these are the top 10.

https://www.familymediationcouncil.org.uk/wp-content/uploads/2019/09/Top-Tips-for-parents-FJYPB.pdf

LINK to FJYPB

1 •Remember I have the right to see both of my parents as long as it is safe for me.

2•I can have a relationship with the partner of my other parent without this changing my love for you.

3•.Try to have good communication with my other parent because it will help me. Speak to them nicely.

4 •Keep my other parent updated about my needs and what is happening for me. I might need their help too.

5•Don’t say bad things about my other parent, especially if I can hear. Remember I can often overhear your conversations or see your social media comments.

6 •Remember it is ok for me to love and have a relationship with my other parent.

7 •Don’t make me feel guilty about spending time with my other parent.

8•Don’t make permanent decisions about my life based on how you feel at the moment. Think about how I feel now and how I might feel in the future. My wishes might change.

9 •Be open to change, be flexible and compromise when agreeing arrangements for me.

10• Its ok with me if my parents don’t do things exactly the same.

30th June 2021

No fault divorce is usually the preferred option of most couples who want to divorce but at the moment its not available unless you wait for 2 or 5 years of separation.

The Divorce, Dissolution and Separation Act 2020 is now expected to come into effect on 6th April 2022.

This is a long overdue legal programme whereby there is no longer a need to “blame “each person during the divorce process or wait to separate. Irretrievable breakdown is expected to be the sole ground for divorce with just a statement confirming irretrievable breakdown and no evidence .

It is expected there will be an overall notice period of 26 weeks and it is hoped it will be possible for the parties to make a joint application, so that one person does not have to petition the other.

Watch this space

13th April 2021

Reducing parental conflict

Seeing things differently are a series of videos which I recocomend any one trying to avoid parental conflict

https://www.goodthingsfoundation.org/news-and-blogs/news/see-it-differently-january

Good Things Foundation and One Plus One have been working in partnership to produce short videos to help people learn new ways of managing conflict. Making just a few changes could lead to healthier and happier outcomes for everyone in the family.

Skills like ‘Staying calm’, ‘Speaking for yourself’ and ‘Re-thinking how you say things’ can change how things play out in your household and let you, your family and your children see it differently.

I thought Chloe’s story was a really accurate exchange about a childs haircut and the involvement of a new girlfriend and arranging a sleep over without the other parent knowing . These are really typical sources of conflict.

https://youtu.be/pTUq-kuQTz8?list=PLh3OOQudHcOjzSBD9t2Ox1K9tZISrZcsE

Blog

8th February 2021

Private law cases still increasing.

Statistics have been released showing how many children of separating families are involved in the court cases relating to child arrangements applications.

This has increased in recent years.

The number of children in 2007-2008

50,000 children were involved in private law court orders . in 2019-2020.

That figure has grown to 65,500 (Identified by the Nuffield family justice observatory).

The use of the mediation process is a genuine alternative to the court process and having decsions imposed upon you and your family.

4 th February 2021

Pensions on divorce

It may be a bit boring but pensions in divorce are a subject which it is crucial to understand . There is really no substitute for professional advice .

To cover a few recent pension topics this is a useful video produced by a financial advisor and lawyer which you might like to watch

https://youtu.be/_Er6LxMgOy8

The Advice Now free survival guide to pensions on divorce is also well worth a read.

Advice Now Survival Guide to pensions on divorce

Blog 31 st Janury 2021

Advice now

I hope that on your google searches you may have come across the Advice now website .

https://www.advicenow.org.uk/

This charity has created some really useful guides which might help you.

This includes :

-A survival guide to Divorce or the dissolution of a civil partnership

-Child Arrangements - What worked for us

-A survival guide to living together and breaking up.

There are many more and all of these are free and such useful resources to give information on each of these issues.

Blog 22nd December 2020

How to negotiate the Holidays

As we come to the end of the winter term and the holidays are upon us the issues of time spent with family and in particular seeing children can become a source of dispute .

Every year we are contacted by a client who needs a resolution of times and arrangements when it is so close to the holidays as to be very tricky to navigate a solution .

If at all possible try to follow these suggestions :-

1. Discuss proposals for holidays well in advance . It's understandable that not every fine detail is known but a broad structure for dates , times and locations are worth advance planning and more importantly will avoid conflict .

2. Gifts are also worth discussing well in advance . Try to agree a set budget and share the cost of those expensive gifts especially technology such as phones .

3. Consider extended family Grandmas and Grandpas . Where will they fit in to your plans ?

4. Communicate throughout . Whether you use text , phone or email keep communicating . Information sharing apps such as our family wizard can really help with this .

Best wishes to all our clients and a happy and healthy 2021 .

Blog 9th November 2020

Getting Kids to Listen – Free workshop

I came across a post by Amanda Rueter about how to avoid screaming at your kids on linked in. I followed the free link and watched the post. It was all about "counter will" Counter will is a name for the instinctive reaction of a child to resist being controlled. The webinar suggested alternatives to screaming at a child such as working "as a team" cooperatively and inviting your child to share decision making about rules and regulations. This guidance is useful for mums and dads alike and in my opinion is worth a watch.

I found the link at:

https://messymotherhood.com/free-workshop-with-amanda/

https://messymotherhood.com/

In Amanda Reuters words.....

“Hey there...

I remember the time I completely lost my anger on my kids...like RAGE filled anger.

I was pretty sure I was the worst mother on the face of this earth. The guilt was crushing.

That was the moment I knew something had to change, so I created a plan to stop the yelling.

I was pretty sure I would never be successful at it - my anger felt so out of control back then.

And for the first few months, I really struggled.

Instead of outright yelling, I'd get in their little faces and whisper scream at them. It wasn't "yelling" but I was still most certainly taking out my anger on my kids.

I slipped up time and time again.

But eventually, I was able to put the pieces of a plan together and soon I noticed that I was yelling less and less.

Surprisingly, my kid's behaviour wasn't the main reason why I was yelling at them...like I thought it was.

There was so much more going on...so many mistakes I was making...and so many changes within ME that needed to happen.

I'm so excited to share more about this plan and how it can not only help you stop yelling, but also get your kids to listen to you!

And I’m so excited to share it all with you through a free work shop at

Now, years later, I have continued to practice and improve my skills.

I’ve also taught many others how to do the same!

In the workshop, you'll meet Erica, Kim, and Audra, who've all made HUGE changes in their families following this simple plan.

I want you to know that I understand how it feels to lose it on your kids. And it’s totally possible to parent your kids without yelling.

I show you exactly how to do it at our workshop, which you can watch right now.

Blog 2^nd November 2020

Online mediation

As we head back into a second lock down the thought is not exactly positive however so much has changed since March 2020.

All Advantage Mediation cases are now online so no last-minute steps to rearrange important client meetings.

It is business as usual for the online process.

Most people have accepted that this is a viable alternative and fortunately have the technology and willingness to work with an online environment .

With many clients working from home still as well the Online mediation process is a genuine option to resolve important issues now.

Keeping schools open this time means that some normal life can be maintained for children.

The court buildings are not going to be closed this time around but the terrible back log of cases continues to build up. This means that alternatives to the court process become even more crucial.

This lockdown hopefully seems more manageable and not so unknown. It is to be hoped this will help us all to manage the next month or so with some sense of calm.

As before the children of separated parents can move between their households so,the new rules should not affect the continuation of child arrangements.

Blog post 2nd September 2020

Back to school and office.

Today I attended an interesting webinar arranged by Mills and Reeve which included discussions of school transitions during a pandemic

Generally, it is understood that for some a time of transition can be exciting. Times of transition can also be difficult, worrying and make you anxious.

Changes can include divorce and separation, going back to school after a pandemic and going off to school for the first time or returning to the office.

Many Primary and secondary schools return this week. Many adults are also going back to work after the summer break or a period of working from home.

Amidst a pandemic with many changes in how work environment or school lessons will be delivered, mixing with other colleagues and students and wearing face masks. We recognise that the uncertainty of all of this is a challenge.

It was discussed that parents are encouraged to listen to their children and to model adaptable behaviour.

To share the journey with their children and listen to them.

A tip was given that parents try not to presume what their children are feeling but to share their feelings by way of discussion.

In a similar way adult need to be aware of their feelings about the changes to the old traditional ways and the effect of unexpected changes may have on their mental health.

A simple trip to B and Q is no longer straightforward.

Some practical tips for back to school/office.

Where are school shoes and backpack, and for adults laptop and phone charger? Find essential items in good time.
Try to organise packed lunch or snacks the night before.
For older children download their timetable and ensure they have a copy.
Check bus routes/train times in early course. These have also changed with requirements for face masks etc also coming in.

At this difficult time try as far as possible to a communicate with others.

Separated parents are encouraged Put your children at the centre of the communication process. “Park up your differences.”

Try to show patience kindness and respect to others.

Good luck to all those returning to school or working in the office this week.

Parenting styles - attachment

Parenting a child is difficult at the best of times. I think we can all agree that these are not really the best of times and separation often adds an extra pressure.

I found this podcast by Una Archer registered circle of security parenting facilitator really interesting . I do think the principles are universally applicable.

video link here :

http://bit.ly/2SJIuiU

If you wish to know more about the circle of security more information is here .

https://www.circleofsecurityinternational.com/circle-of-security-model/what-is-the-circle-of-security/

Blog Post 20th May 2020

Webinar online video Family Mediation 11th May 2020

I enjoyed chairing a panel of distinguished mediators in discussing the process of online video family mediation.

For most people this means video meetings which use either Zoom, skype or teams.

Generally, those who use this find it great to encourage discssion ,share documents on screen and focus minds. Experts such as financial advisors and accountants can dial in to the meeting, so they do not have to be paid to travel.

Lawyers can also be involved and use separate rooms (in zoom)

It is generally felt that the meetings are quite intense, staring at a screen, and so meetings can be shorter or with plenty of breaks. Downsides can be not having enough bandwidth for both devices to be used in one household or concerns about safeguarding which mean that mediating remotely is not suitable.

Being able to do online mediation hopefully improves inclusivity for this process..

For example for those with young children or other home commitments , those with a disability or those living abroad or – as now – when families are compelled to say at home –

We had 162 attendees for the webinar and a lively discussion.

Blog post 7th May 2020

Our Family Wizard

A potentially useful tool for shared parenting.

OurFamilyWizard. App

James Evans gave an interesting presentation on 7^th May 2020.

The idea is to make shared parenting communication simplified.

Manage schedules,
Track expenses,
Share files,
Send secure messages
Securely store important child medical and other information .
Grant access to experts working with your family, e.g. counsellor, parenting coordinator ,

This could be of even greater use for shared parenting during a crisis.

The link is here

https://www.ourfamilywizard.co.uk/families

Blog post 27th April 2020

Nuffield Foundation Advice

Set out below is an article written by Clive Manning the Nuffield Foundation regarding the use of digital technology in miantining parental or extended family contact via technology. Hopefully this will be hlepful to find creative solutions. Here is the link if you wish to read the original.

https://www.nuffieldfjo.org.uk/news/7-questions-when-using-digital-technology-to-help-maintain-family-contact

7 questions to ask when using digital technology

to help maintainfamily contact -

27th Mar 2020

Social distancing throws up obvious challenges in ensuring ongoing face-to-face contact between children and their extended families. Digital technology can play a role in maintaining vital relationships— but before employing a new platform, practitioners should ask themselves some key questions to ensure the experience is safe, accessible and appropriate, and that it offers the best experience for each family.

What is the simplest way?

It may not provide the same richness as face-to-face or live video chat but conference calling by phone offers a relatively quick, simple and inclusive way of maintaining family contact.

Various conference calling services are available. Calls to some, such as whypay? are included in bundled minutes deals from landlines and mobile phones (though each party would need to check this with their provider). WHYPAY? is currently also offering free moderation features and call recording for three months.

Using a conference calling system means that other participants don’t need to know each other’s numbers.

Is it age-appropriate?

In the UK, only children aged 13 or over are able to give their own consent to the online processing of their data. This means that most social media platforms—Facebook, Skype, Snapchat, Twitter, Instagram— have a minimum age requirement of 13. In the UK, WhatsApp users have to be 16 or over to use the service.

Who can contact who?

In WhatsApp chats, participants’ phone numbers are shared. On other platforms, such as Facebook Messenger, you have to register, and your username/profile is shared. Anyone with these IDs is able to make contact at any time, or share those details with others.

Many video services, for example Zoomand Whereby, now allow participants to join via a link without registering. This means that participants do not automatically share any contact details. However, it may be possible for those who have the link to share it and invite others into the same call.

What additional features are there?

Many platforms include additional features alongside video calls such as chat, live subtitles, screen sharing and recording. While these can be useful, sometimes they can prove difficult to moderate and manage safely. For example, in WhatsApp, users can share real-time location information.

Is the free version suitable?

Free-to-use services are likely to be paid for by advertising, or the sharing of customer data.

Paid-for services do not usually include advertising, and may allow better management of users and features that could help make contact safer. For example, Zoom Pro allows you to switch features on and off, and you can track what meetings are taking place across a whole organisation.

What’s in the background?

As call participants are likely to be in their own homes, it is important to set some basic ground rules in order to manage background noise and views. Digital tools may also help. For example, Skype lets you blur the backgroundand Zoom allows you to change it completely.

What behaviours are you introducing?

Using digital to support contact has lots of advantages. However, it may be that you are introducing a new tool or encouraging behaviour that may have a risk in a different context. Live video chat may be safely managed during organised contact for example—but it is helpful to remind children that is not the same for all video chats, and that these tools can be used for less good reasons, including exploitation.

It is also worth considering how digital contact will be sustained and integrated into wider organisational management systems and processes.

Parent Zone provides free resources, guides and ideas for professionals on supporting young people and all kinds of families in a connected world.

Blog post Child Arrangements affected by lock down

Apr 11, 2020

On 24 March, the President of the Family Division, Sir Andrew McFarlane, provided additional advice on compliance with Family Court Child arrangements Orders .

Parents must abide by the ‘Rules on Staying at Home and Away from Others’ issued by the government on 23 March [‘the Stay at Home Rules’]. In addition to these Rules, advice about staying safe and reducing the spread of infection has been issued and updated by Public Health England and Public Health Wales [‘PHE/PHW’].
The Stay at Home Rules have made the general position clear: it is no longer permitted for a person, and this would include a child, to be outside their home for any purpose other than essential shopping, daily exercise, medical need or attending essential work.
Government guidance issued alongside the Stay at Home Rules on 23rd March deals specifically with child contact arrangements. It says:
“Where parents do not live in the same household, children under 18 can be moved between their parents’ homes.”
This establishes an exception to the mandatory ‘stay at home’ requirement; it does not, however, mean that children must be moved between homes. The decision whether a child is to move between parental homes 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.
More generally, the best way to deal with these difficult times will be for parents to communicate with one another about their worries, and what they think would be a good, practical solution. Many people are very worried about Coronavirus and the health of themselves, their children and their extended family. Even if some parents think it is safe for contact to take place, it might be entirely reasonable for the other parent to be genuinely worried about this.
Where parents, acting in agreement, exercise their parental responsibility to conclude that the arrangements set out in a CAO should be temporarily varied they are free to do so. It would be sensible for each parent to record such an agreement in a note, email or text message sent to each other.
Where parents do not agree to vary the arrangements set out in a CAO, but one parent is sufficiently concerned that complying with the CAO arrangements would be against current PHE/PHW advice, then that parent may exercise their parental responsibility and vary the arrangement to one that they consider to be safe. If, after the event, the actions of a parent acting on their own in this way are questioned by the other parent in the Family Court, the court is likely to look to see whether each parent acted reasonably and sensibly in the light of the official advice and the Stay at Home Rules in place at that time, together with any specific evidence relating to the child or family.
Where, either as a result of parental agreement or as a result of one parent on their own varying the arrangements, a child does not get to spend time with the other parent as set down in the CAO, the courts will expect alternative arrangements to be made to establish and maintain regular contact between the child and the other parent within the Stay at Home Rules, for example remotely – by Face-Time, WhatsApp Face-Time, Skype, Zoom or other video connection or, if that is not possible, by telephone.

Nuffield Centre advice https://www.nuffieldfjo.org.uk/coronavirus-family-justice-system/managing-family-contact

Our services in this area

Advantage Mediation offers family mediation and online family mediation to help work out arrangements for children.

Do you have a question or want to make an appointment to discuss this area? you can email mary@advantagemediation.co.uk

Give us a call on 07843069381 07843069381 or use our contact form.

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