Tag Archives: Family law

Christmas, Law, News

Top considerations for managing child contact arrangements this Christmas

Separated families can look to advice from family law experts this Christmas to ensure child contact arrangements run smoothly over the festive period.

From applying for court orders, to making independent plans and keeping interaction civil, the family law specialists at JMP Solicitors have shared advice on best conduct for contact in separated families this Christmas.

Neil Remnant head of family law at JMP Solicitors, said: “Christmas is a time for family and showing solidarity, following a relationship breakdown it can be very difficult to keep a sense of ‘togetherness’ but doing so is very important, particularly during the festive season.

“Child contact is not affected by lockdown rules, as long as the child or parent has not tested positive for COVID-19. However, if the child is in a vulnerable group, it is best for parents to work together to find a solution which limits exposure from other households.

“This year has already been unsettling for children, so parents should ensure Christmas is without conflict. It’s very important to consider the family dynamic and the health, safety and wellbeing of the children. Christmas is a sensitive and important time for keeping children as undisturbed and happy as possible, to minimise damage in the aftermath of divorce or separation, so we’ve compiled a list of important considerations to help keep Christmas conflict-free to.”

Here is the list of five considerations for managing child contact arrangements this Christmas

1. Make fair and safe arrangements
If you can make arrangements for Christmas without legal interference, then it is advisable to do so. It is important to be civil and organise a Christmas schedule that’s fair to the child and the parents, which ensures the child’s safety if they are vulnerable. If such an agreement is not possible, then the court may become involved to ensure contact time at Christmas is fair to everyone. If parents do not comply, when there is no reasonable excuse or exception, then the non-resident parents have the right to seek enforcement action, so it is always best for parents to sort arrangements between themselves.

Based on the latest high court advice, if the child has tested positive for COVID-19, or someone in the child’s household has tested positive – they should not move between households for contact with parents. If a child has been told to self-isolate, but they have not had direct contact with someone who has tested positive, then they can still travel between households for contact with parents.

2. Don’t argue
Following the separation of parents, children will already feel unsettled, and the pandemic could be adding more stress to an already confusing time. Christmas is a time for family, so for the sake of keeping a child happy and secure, it’s important to stay calm, cheerful and to keep arguments for another day.

3. Be amicable
In terms of previous Christmas routines – it’s important to stick to what children will remember and what is traditional for them. If you used to have dinner at a certain time, open presents at a certain time or even in a certain order, play board games in the afternoon etc, then try and stick to these arrangements. It’s these traditions that keep the Christmas spirit alive, it’s what your children will remember and whatever arrangements are decided for Christmas, it’s important to know that structure is key.

4. Stick to court orders
If the post-divorce or separation situation means it’s not possible for arrangements to be made by yourself, then the court can get involved to ensure that Christmas arrangements are sorted. The court will seek to deal with matters in a constructive way and in the interest of the children. As this will involve a court order, the arrangements made will be legally enforceable. It’s important to do this as early as possible as there could be a backlog in cases, due to the pandemic.

5. Communicate with family virtually
With a limited number of households allowed in a support bubble, Christmas might feel different for children without the usual presence of certain family members. Make sure children can still have contact with extended family through virtual communication methods such as Facetime, Zoom or Skype, or even or via phone calls.

News

How to ensure a separation is as sensitive and seamless as possible

Families experiencing a change in circumstances can look to suggestions from family law experts whilst going through the difficult process of divorce and separation.  JMP Solicitors considers how partners can separate sensitively.

Any change in family circumstances needs to be addressed as sensitively and seamlessly as possible to minimise emotional damage for a separating couple and any children if involved.

There are lots of things to consider when separating – regarding the former marital home, pensions, and any other assets accumulated during the course of the relationship, as well as contact arrangements for children.

Neil Remnant, head of family law at JMP Solicitors, said: “To ensure a seamless divorce or separation, and to ease conflict in a turbulent situation, it’s important to act sensitively and sensibly, seeking legal advice when it comes to making challenging decisions.

“From negotiation advice in order to come to mutually beneficial arrangements, to the division of matrimonial assets, managing outgoings and finalising shared contact arrangements – as family law experts, we have navigated many families through the uncomfortable journey of a change in circumstances and have compiled a list of suggestions to help minimise conflict in separation at the start of the journey and ongoing.”
Here is the list of suggestions for making a separation as sensitive and seamless as possible:

1. The court will always consider the children first

When determining the fairest way to split assets, the courts will consider various factors including the age of the parties, the duration of the marriage, the standard of living enjoyed by the parties during the marriage and the contributions made by each of you but their first consideration is always the welfare of any minor child of the family and ensuring their needs are met.

2. Remain calm in front of the children

Following the separation of parents, children will already feel unsettled, so it’s important that differences are put aside in front of the children in order to protect them and keep them feeling happy and secure. It’s important to keep calm and stay as positive as possible, saving any disagreements for a different time.

3. Make a list of your outgoings

It is recommended that you write down a list of outgoings. It is often extremely difficult when the income that used to fund one household has to be stretched to two. You need to be clear about how much you will realistically need to be able to pay for essentials and what you may need to cut back on, even if only in the short term. Once you have a clear grasp on your needs moving forward, you can negotiate more effectively.

4. Provide full and frank financial disclosure

Always provide full and frank financial disclosure – the courts expect parties to exchange financial information voluntarily so that each party is fully aware of their spouse’s financial position. Before any offers of settlement can be made, it is important to identify the assets available for division, any liabilities and above all – the future needs of each party and the children of the family if applicable.

5. Check whether you are eligible to claim benefits

The courts expect each party to maximise their income wherever possible, so it is important to check that you are receiving any benefits you may be entitled to. The courts have to consider whether a clean break is achievable and want to see parties become financially independent as soon as practicable.

6. Don’t try to hurt your spouse

It is advisable to try and remain amicable wherever possible. However much you may feel justified at the time, it is never a good idea to hide or dispose of assets, run up debts on joint accounts or freeze joint bank accounts. This sort of behaviour will always backfire on you.

7. Try to reach agreement with your ex wherever possible

It is important to try and reach an agreement with your ex in the first instance. Mediation can help you stay focused on the issues to be determined and reduce the chances of the discussion getting heated. If you can reach an agreement between yourselves, with the help of a qualified mediator the process will be much less costly, less stressful and quicker. If it is not possible to reach agreement with your spouse and you end up in court, you should consider the possibility that a judge may impose a decision on you that neither of you would have wished for.

8. Stick to court orders

If the post-divorce or separation situation means it’s not possible for contact arrangements to be made by yourself, then the court can get involved to ensure that parents get equal time with children. The court will seek to deal with matters in a constructive way and in the interests of the children. With a court order, all arrangements made will be legally enforceable.

9. It’s always advisable to seek legal advice

Financial matters can be complicated, so it’s recommended that you seek legal advice to help reach an agreement with your ex and ensure you have a solicitor convert your agreement into a consent order to be approved by the courts. While many divorce proceedings are dealt with out of court, it is important to seek legal advice to ensure you are receiving a fair deal regarding the separation of assets. A clean break consent order will dismiss any claims your ex may have against you in the future.