Christmas already? It is important to be prepared for Christmas when children are involved.
When thinking of Christmas many people would reflect on memories of a joyous time, family traditions and decorating the Christmas tree. However, the Christmas period can be a very difficult time to navigate for separated parents, filled with emotional complexities.
The key to addressing arrangements for Christmas is planning well ahead. It is important that parents consider what is best for their child and communicate with one another to agree an arrangement as soon as possible to avoid any conflict or confusion. In many situations parents choose to alternate arrangements on a yearly basis. For example, one parent may spend time with their child on Christmas Day and the other parent will spend time with their child on Christmas Eve or Boxing Day. This arrangement will alternate on a yearly basis whereby the parent who had Christmas Day this year will have Christmas Eve or Boxing Day next year and the parent who had Christmas Eve or Boxing Day this year will have Christmas Day next year.
However, we understand that there are times that despite best efforts, parents cannot come to an agreement regarding contact arrangements during the festive period. If this is the case, parties may seek the support of a solicitor to try and assist. Alternatively, the next step for parents would be to seek professional help via a mediator. A mediator is a neutral third party that provides assistance to families to negotiate and reach an agreement concerning child arrangements. The first meeting with a mediator is known as a Mediation Information and Assessment Meeting (MIAM). At this meeting a parent will explain the circumstances of their situation and the matters that are a dispute so the mediator can determine whether mediation is an appropriate option for both parties. If the mediator determines that mediation is appropriate, the other parent will be invited to participate in mediation. If an agreement cannot be reached during mediation, the other parent refuses to attend or the mediator decides that mediation is not suitable, the mediator will provide the parent who initiated the mediation with an FM1 form which will enable that parent to start Court proceedings. However, Court proceedings should be the last resort as the Court would expect the parents to work together to reach an agreement.
It is important to note that a Court application should be lodged with the Court well in advance of Christmas, ideally several months prior as, if it is not, the Court may not hear the case prior to Christmas. A parent should also ensure that their application is lodged with the Court within 4 months of the date that their FM1 form has been signed, otherwise mediation will have to be attempted again.
If parents require the Court’s intervention because an agreement cannot be reached, a C100 application will need to be completed and sent to the Court.
Once the application is received by the Court, the Court will instruct CAFCASS (The Child and Family Court Advisory and Support Service) to conduct safeguarding checks. CAFCASS will carry out checks with the police as well as Children’s Services to determine whether any party is known to them. Furthermore, CAFCASS will also speak to both parties to obtain their views on the application that is before the Court. CAFCASS will then set out the outcome of their checks, discussions with the parties and their recommendations as to what should happen next within a letter that is then sent to the Court and to the parties if appropriate.
Following receipt of the CAFCASS safeguarding letter, a First Hearing Dispute Resolution Appointment will take place whereby the Court will consider the positions of the parents and the outcome of the safeguarding checks. If an agreement cannot be reached between the parents during this hearing, the Court will determine what evidence should be provided to assist the Court with making a decision and the Court will list the matter for a further hearing which is likely to be a Dispute Resolution Appointment.
If matters continued to be disputed at the Dispute Resolution Appointment, the Court will list the matter for a contested Final Hearing at which the Court will consider the welfare checklist, all available evidence and hear oral evidence from parties and witnesses to make a final Order. It is important that the parents follow the terms of the final Order as this is legally binding.
Ringrose Law Children Team can help
If you find yourself in this situation, please contact our children law team which specialises in legal matters affecting individuals and their families. We offer thorough and balanced advice, and we take the time to understand your unique personal situation to ensure that everything we do is designed in mind with you at forefront.
Contact our team on 0333 3580 393 and ask to speak to our Children team or email wecanhelp@ringroselaw.co.uk. With offices in Grimsby, Grantham, Boston, Peterborough, Sleaford, Sheffield, Lincoln, Newark and Nottingham.