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Family courts: what they expect from parents

Article

Before you apply for a court order it is worth remembering that judges will expect you to have tried to agree. You and your ex have joint responsibility for working out the arrangements for your children. This duty continues when you separate, even if you have never lived together. If you can’t talk to each other, you will be expected to ask for help from a mediator or a solicitor.

The court will expect each parent to put forward their case. It is the court’s duty to put the child’s welfare first. It can be hard for parents to accept that what they ask for may not be what is best for the child.

What courts say is best for a child

For parents to encourage the child to have a good relationship with the other parent.
For parents to have a ‘good enough’ relationship with each other.
For the child to spend time with both parents.

The law sees it as the child’s right to have regular, personal contact unless there is a very good reason not to. In the rare cases where contact is denied, the court will have been satisfied that the child’s safety is at risk. Denial of contact is unusual and in most cases the contact ordered will be frequent and substantial, considering the child’s age and all the circumstances. In some cases, contact will be arranged on an interim basis which will be subject to review until the Court is satisfied that the amount and frequency of contact is right. Non-payment of child support is not a reason the court would consider denying contact.

Summary

If you want to change agreed arrangements, the court will expect you to make sure the other parent agrees first or that you have used the help of a mediator or solicitor before going to court. Experience shows that court-imposed orders tend to work less well than agreements made between parents.

Court proceedings are good for restoring contact when it has stopped and increasing it when it is insufficient. However, going to court does not necessarily improve the parenting relationship, which is so important to children’s wellbeing. While family mediation offers parents a chance to improve their relationship and focus on the needs of the child, going to court tends to teach couples how to argue!

Having a court order

If there is a court order in place you must do what it says, even if you don’t agree with it. If you want to do something different, you must apply to the court to have it varied or discharged.

Issues

Parenting apart

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Attending a Mediation Information and Assessment Meeting (MIAM) is now a requirement for most people wishing to take divorce proceedings to court.Before you can start court proceedings over money, property, possessions or arrangements for children, you must usually have attended a MIAM. These meetings are designed to offer help and useful advice. How MIAMs work At the meeting, a mediator will try to work out if mediation can help both parties reach an agreement. Depending on your preference, you can attend the meeting alone or with your husband, wife or civil partner. During the meeting, you’ll be able to find out more about mediation and ask questions about the process. They can also give you advice on other services that may be able to help you. After the MIAM After the meeting, if you and the mediator feel that mediation can help you reach an agreement, you can start mediation sessions. If you are not going to start mediation sessions and you decide to apply to court instead, the mediator will need to sign the court form. When you won't be expected to have a MIAM The court won’t expect you to have attended a mediation meeting if: A mediator doesn’t think the case is suitable for mediation and has said so within the past four months. Either of you has made an allegation of domestic violence against the other within the past 12 months and police investigations or civil proceedings were started. Your dispute is about money and either of you is bankrupt. You don’t know where your husband, wife or civil partner is. You want to apply for a court order but for specific reasons don’t intend to give your husband, wife or civil partner any notice. The court application is urgent because someone’s life or physical safety is at risk or a child is at risk of significant harm. The order is about a child who is already involved with social services because of concerns over their protection. You’ve contacted three mediators within 15 miles of your home and are unable to get an appointment with any of them within 15 working days. Source: www.gov.uk

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Once you’re no longer living together, you’re classed as separated for tax and benefit purposes. Separating from your partner may mean that you become entitled to new benefits and tax credits or higher amounts of benefits than you already receive. If you or your ex-partner were claiming benefits for the family before you separated, it’s important to tell Jobcentre Plus and HM Revenue & Customs straight away. Keeping them up to date about your change in circumstances can help you avoid being overpaid or losing out on money. Qualifying for extra benefits could make a big difference to the options available to you, particularly when it comes to the cost of housing. If the parent with the main care of the children can work at least 16 hours a week, they may qualify for Working Tax Credit. This benefit can make a substantial difference to a single parent’s income, so it may be worthwhile financially if you can manage this. If you have permanently separated from your partner, you can claim benefits and tax credits as a single person immediately. If your separation is temporary or on a trial basis, you may not be able to claim these benefits while there is still a chance you may get back together. For advice and practical support with benefits and tax credits, contact your local free advice centre, such as Citizens Advice, or called the Gingerbread Single Parent Helpline free on 0808 802 0925. You can find further detailed information on page four of the factsheet 'Action to take when a relationship ends', produced by the charity Gingerbread who provide expert advice and practical support for single parents.

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My ex partner of 13 years is refusing to do any type of parenting with me. He won't communicate with me, blocked me on social media email and phone! He has my two boys who are 11 and 5 and I was happy to let them go live with him as that is what they wanted to do. I just wanted them to be happy. We were going to co-parent but he stops me seeing them, always changes arrangements, changes arrangements if anything planned, all because he does not like my friend. He doesn't like my friend as she can see he's controlling towards me and she does not back down to him, she stands her ground !! He does not like a woman to have an opinion. I have just started court process well went to miams meeting to try sort it out. I will co-parent and split weeks with him so both get equal time with the kids but somehow I do not think he's going to comply with anything. He tells the kids I don't bother to see them, contact them or anything when that is far from the truth. I have given my boy my old phone topped up so we have contact that way * he accuses me of all kinds of spiteful stuff saying I'm mental, I'm a druggy, and I live in a dump which all are lies. None of the things he says applies to me at all.

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We have had a court order in place for a number of years. The children have never missed a contact; however they are now 16 and 15 and have made it clear to me that they are "fed up" with spending their time with someone who – apparently – has little to say to them, and makes nasty comments to the kids all the time when he does open his mouth. It is almost as if the contact order is just being observed to serve his need to control them – it doesn't seem to be about spending quality time with two kids who are brilliant company. The kids have said that once the younger son gets to 16, they "are done" – I have told them things will get better, but after six years of this contact and support from me, encouragement and assurances it will get better, it just hasn't. It breaks my heart to see how angry they get when they come back and have had an unsuccessful contact. I am at a loss, and my ex will not speak to me (only via solicitors and hasn't spoken to me for over eight years). If they tell him they no longer wish to go, can I be dragged back to court? Should this come from them to him? I doubt he will listen as they have asked before for things to improve with him and he just laughs at them and says they are idiots. One time my elder son was poorly during contact and had asked to go home earlier; he refused and made them stay until the appointed time. My eldest is about to turn 17 and will be driving soon. He wishes to get a Saturday job, and this will prove impossible – the Court Order clearly states a Saturday, and we have persistently re-jigged our lives to make sure they attend (which we do because I want them to have a positive male role model). I am also bitterly disappointed that this could have been seen as a chance for my ex to build a lovely relationship with his kids, but seems to have used it as a controlling mechanism instead. I would have expected them to say they were having a great time and ask that they have extra time - which would have been great, but it just hasn't happened. I see other kids who have a great time with their dads and my heart bleeds for them. I never badmouth or speak ill of my ex – it was a shame it didn't work out, but the kids did not need to suffer the way that they have been subjected to such nastiness from someone who is supposed to love them unconditionally (regardless of the fact he hates my guts – I appreciate I am 50% DNA of the kids and I think that may be the issue). If they turn round and refuse to go once the youngest is 16, can I force them? Can I physically drag them to contact? My eldest son is a strapping lad now and this may prove difficult. If I get taken back to court if they refuse, will the court listen to the kids as they will be 16 and 17? I am worrying now that after all these years of being compliant and supportive, I may get jailed.

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