1. Mediation This involves both parents meeting with a single mediator to work out an agreed plan. To be successful it usually requires a good level of co-operation and good will between the parents, but the mediator can help with the often difficult emotional context in which the couple finds themselves. Decisions about family home and other marital assets, finances and pensions. can also be agreed through mediation.
2. Collaboration This method involves assistance by a family therapist to help each party manage the conflict that almost invariably goes with relationship breakdown and that often gets in the way of making good decisions about the needs of their children. It includes working collaboratively with solicitors who agree with their clients in advance not to litigate in court. Ultimately the goal in collaborative law is a |
parenting plan that is psychologically sound for the child and sustainable for the parents; and financial and other arrangements that are fair and equitable. This is different from traditional adversarial family law.
3. Litigation This usually occurs where agreement has not been possible and it has become necessary to ask a judge to make the decisions about parenting arrangements, property and finances. Most judges refer to a psychologist, family therapist or other clinical professional for an assessment and recommendations for parenting, often described in legal contexts as “custody and access”. This is done through a court order under Section 32 of the Guardianship of Infants Act 1964 (amended 2015) or Section 47 of the Family Law Act 1995. Decision to commission a report is made by the court, not by the parties, but they can agree on a named assessor in advance of applying to court, or after the Order is made unless the assessor is already named by the court.
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Which route is best for me and my family?