The Role of Solicitors in Child Arrangement Disputes
Experienced Family Law Solicitors play a crucial role in resolving disputes regarding children. These disputes often arise from separation or divorce They require careful handling to ensure the best interests of the child are met while protecting the rights of the parents involved.
Child arrangement disputes generally involve disagreements over where a child will live, how much time they will spend with each parent, and how decisions about their upbringing will be made. These disputes can also extend to education, healthcare, and religious upbringing. The primary goal in resolving these disputes is to ensure the child’s best interests are protected, a principle enshrined in the Children Act 1989.
The Role of Solicitors in Protecting Parental Rights
Family Law Solicitors provide expert advice and representation to parents enmeshed in disputes concerning their children. They will inform you of your legal rights and responsibilities, explain the relevant legal principles, and determine the best methods for resolving the dispute quickly and cost-effectively. In addition, your Solicitor will meticulously prepare and submit all appropriate documentation, including applications for child arrangement orders, witness statements, and supporting evidence, on time.
The first step to resolving a dispute concerning children is to use non-court dispute resolution (NCDR) methods such as round-table negotiation and mediation. However, the case may proceed to court if these routes fail to resolve the dispute. Your Solicitor will represent you, present evidence, and advocate on your behalf. Experienced legal practitioners are skilled in effectively cross-examining witnesses, challenging evidence, and making persuasive arguments to support your case.
New Family Procedure Rules put extra emphasis on non-court dispute resolution
The recent amendments to the Family Procedure Rules (FLR) 2010, effective from 29 April 2024, place an increased obligation on parties, family practitioners, and the Courts to consistently evaluate whether cases are suitable for non-court dispute resolution, both before and during court proceedings. These changes reflect the government’s and the judiciary’s broader efforts to encourage parties to resolve matters using constructive non-court dispute resolution options.
In the recent case of Re X (Financial Remedy: Non-Court Dispute Resolution) [2024] EWHC 538 (Fam) Mrs Justice Knowles emphasised the court’s expectation that parties consider non-court dispute resolution before issuing court proceedings.
“whether concerning money or children, to understand the court’s expectation that a serious effort must be made to resolve their differences before they issue court proceedings and, thereafter, at any stage of the proceedings where this might be appropriate. Furthermore, I want to signal that, at all stages of the proceedings, the court will be active in considering whether non-court dispute resolution is suitable. Changes to the Family Procedure Rules 2010 (“the FPR”) which are due to come into effect on 29 April 2024 will give an added impetus to the court’s duty in this regard.”
The changes to the FLR are in line with the Court’s discretion in civil proceedings to require the parties to engage in non-court dispute resolution, which was highlighted by the case of Churchill v Merthyr Tydfil County Borough Council and Others [2023] EWCA Civ 1416 Mrs Justice Knowles in Re X emphasised Master of the Rolls, Sir Geoffrey Vos, comments in Churchill:
“…even with initially unwilling parties, mediation can often be successful. Mediation, early neutral evaluation and other means of non-court based dispute resolution are, in general terms, cheaper and quicker than court-based solutions. Whether the court should order or facilitate any particular method … is a matter for the court’s discretion, to which many factors will be relevant.”
Mrs Justice Knowles in Re X has made it clear that the Family Court needs to be seen as the last resort rather than parties’ first choice:
“Non-court dispute resolution is particularly apposite for the resolution of family disputes, whether involving children or finances. Litigation is so often corrosive of trust and scars those who may need to collaborate and co-operate in future to parent children. Furthermore, family resources should not be expended to the betterment of lawyers, however able they are, when, with a proper appreciation of its benefits, the parties’ disputes can and should be resolved via non-court dispute resolution. Going forward, parties to financial remedy and private law children proceedings can expect – at each stage of the proceedings – the court to keep under active review whether non-court dispute resolution is suitable in order to resolve the proceedings. Where this can be done safely, the court is very likely to think this process appropriate especially where the parties and their legal representatives have not engaged meaningfully in any form of non-court dispute resolution before issuing proceedings.
Concluding comments
Family Law Solicitors play a crucial role in child arrangement disputes, offering legal advice, emotional support, and skilled representation. Whether through negotiation, mediation, or court proceedings, they help parents identify the reasons for the dispute and work towards solutions that serve the child’s best interests.
The recent amendments to the Family Procedure Rules emphasise the importance of non-court dispute resolution. A Solicitor will explain all the options available to you and provide expert advice and support before, during, and after the process.
If you require legal advice concerning family law matters, please call our office today on 02476 231000 or email via the Request a Callback form on this page.
Please note that this article is for information purposes only and does not constitute legal advice.
