Month: April 2014

Resolving Your Dispute Out of Court

No matter the situation involved with your family legal action, it is vital that all parties involved make a concerted effort to come to a mutually satisfactory agreement without resorting to bringing the matter to court.

Litigation in court should always be a last resort to a family dispute. What makes family litigation even more problematic and stressful than any other type of legal action is that is often is a result of a breakdown in communication and trust between people who otherwise have deep emotional ties with the individuals on the other side of the dispute. And if there are children involved, the situation can become emotional dynamite ready to explode.

The resolution of a dispute without getting to the stage of battling in court means both parties need to realize that in order to reach a compromise; they must both be willing to negotiate and make concessions. This becomes increasingly difficult if the dispute has been aggravated by personal insults, threats and gossiping spread by one or both parties. Depending on how long the dispute has been carried on, it may seem that a mutually agreeable solution is completely out of the question and families are willing to take an ‘all or nothing’ gamble by letting a Family Court Magistrate decide their fate.

Anyone who has been through this experience is more than likely to recommend that in the long term, it is far better to undergo mediation without the intervention of court litigation. More often than not, getting a good family lawyer to represent both parties is the best approach. A good family lawyer will be able to view the situation with an unbiased outlook from the offset, while still making sure your best interests are looked after. Mediation in family law disputes are typically run in a very formal and detailed manner, and if both parties engage representation from experienced family law experts the experience should be a far more positive one for everyone involved.

Sadly, in some instances, court litigation is necessary but those situations should be rare and an exception to the norm. If you are embroiled in a family dispute and want to involve someone to mediate on your behalf, our specialist lawyers based in our Altrincham, Cheshire offices can talk you through your options and help you to decide which option would be the right decision for your circumstances. We can help arrange a meeting to give you an impartial assessment of your case. Please contact us on 0845 548 1007 for a free 20 minute consultation.

As we Have Discussed Previously…

As we have discussed in previous blogs, there seems to be a recent trend amongst parents who agree that legal separation or divorce is best for their situation and attempt to work together as amicably as possible. Gweneth Paltrow and Chris Martin have made ‘conscious uncoupling’ the buzz word of 2014. However, for other couples, the breakdown of a family becomes a battle over everything from finances to child custody. Part and parcel of the issue of child custody is the payment of child support. It is usually paid to the parent who has main custody of minor children, although you can find exceptions.

Representing a parent during the processes of divorce and child custody requires patience, along with a keen understanding of the emotional turmoil of all parties involved. Fewer areas of legislations involve the sensitivity required as those that deal with children, possessions and how a family’s future will unfold.

Divorce and child custody cases are largely problematic and difficult for all parties concerned when a mutual compromise cannot be reached. It is essential to retain a law firm specializing in family matters, who is sympathetic to your needs and the needs of your children, and who can prepare a line of defence to secure everything you are entitled to.

Ideally, the end result would be to reach a parenting plan that will resolve issues like:

  • Which parent will have the majority of custody of the child or children
  • How much time the child will spend with the other parent
  • How parents will communicate with each other about decisions regarding the welfare of children ( for example education, religion, international travel)
  • Financial support of the children

Our specialist Family Law lawyers based in our Altrincham, Cheshire offices can talk you through your options and help you to decide if child custody would be the right decision for your circumstances. Please contact us on 0845 548 1007 for a free 20 minute consultation.