With the Courts now dealing with only the most urgent cases, which includes child protection matters, many families will be left wondering how to deal with difficulties arising from an existing Court order or be unsure how to manage the financial and child related aspects of their separation if there are no Court proceedings. Court proceedings should always be a last resort anyway and there are alternative options open to you despite the lockdown.
When it comes to your children you will be expected to act sensibly and safely when making decisions about them.
You should follow the rules on staying at home and away from others until this advice changes. No one should be outside their home except for essential shopping, daily exercise, medical need or attending essential work.
The Government’s guidance for children whose parents do not live in the same household is that children under the age of 18 years can be moved between the parents’ homes.
The decision on whether this should happen for your children is for you to make in consultation with the children’s other parent and you need to make that decision taking into account the children’s health, the risk of infection and the presence of any vulnerable people in either household.
The best way to make that decision is for you to communicate with one another. You may have different views on what is best.
If one parent unilaterally varies a court order and this is questioned by the other parent, the Court will scrutinise that decision. If any such variation results in the other parent spending less time with the children the Court will expect alternative arrangements for contact to be made such as via FaceTime, WhatsApp, Skype, Zoom or other video calling.
If you cannot agree on what to do then one option which complies with the current Government guidance is to use online mediation. You and your partner would discuss matters with the help of a trained mediator. If you wish to take advantage of this or just wish to know more, please contact our experienced specialist Family Lawyer, Judith Higson, at Scullion LAW on email@example.com or call 0141 465 6318.
Even if there is no Court order, online mediation can provide couples with the means to discuss any aspect of their separation, both issues involving the children but also the financial aspects. There may be issues affecting your income which need to be addressed or you may wish to make progress with the valuation of your matrimonial property.
You might wish to have a Minute of Agreement drawn up to divide the matrimonial property.
Our specialist Family Lawyer, Judith Higson, is fully up to date with what has been a quickly changing situation this week and can provide you with pragmatic and clear advice.
If you don’t think mediation will work for you, Judith can meet with you by way of a video call to discuss your circumstances and provide you with advice and guidance on what steps to take to start the process of separating and obtaining a Divorce.
Thank you for taking time to read this article.
0141 465 6318.
‘ I first used scullion last when I was moving home in 2017 and having received such good service contact the family law team at scullion law when my marriage broke down Judith and the team were extremely helpful at this time and their assistance and advice in arranging my minute of agreement regarding the care of my son was invaluable. Having received such good service I contacted Judith and the family law team again to arrange my divorce for me and again I found their advice and help made the whole experience as smooth as possible. In all interactions with Judith and the family law team at scullion law I have been kept informed, updated and advised at every stage in a professional and friendly manner and I would not hesitate to recommend them’. Please check out our reviews online via google, trustpilot and facebook. We are here if you need us.
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