Transfer of residence should not be seen as a “last resort” even in the absence of a finding of “parental alienation” or “intractable hostility”.

In my article written in April 2018 “Not “Parental Alienation”? but heading towards intractability? What can be done” I discussed some of the challenges facing the courts where adult conflict threatens to harm the relationship between children and their parents. Two cases decided in 2019 consider further the question of transfer of residence in cases Continue reading

Becket Family Mediation – the process – a brief overview of the steps

First, make contact with the mediation clerks, who will provide you with some information and send you a referral form to complete. Complete your referral form and return it to the mediation clerks, who will then set up an initial session for you to attend with the mediator (on your own). Attend an intake/MIAM session Continue reading

Child Arrangements Orders: How can I make the Court process more positive for me and for my child(ren)?

Often, when parents separate, there are young children involved, so it is important to set up a co-parenting model that can last for a significant period of time. Many parents feel that the most appropriate forum for such discussions is within mediation. If you have been able to reach a decision through negotiation, you can Continue reading

Not “Parental Alienation”? but heading towards intractability? What can be done?

Many practitioners are accustomed to seeing cases that do not quite fall within the category of “parental alienation” yet are characterised by the resident-parent’s views impacting adversely on the arrangements for contact between the non-resident parent and the child and often, as a consequence, on the relationship between the child and non-resident parent.   Usually such Continue reading

Do Round-Table Meetings work in resolving private family law disputes ?

In my experience the answer to this is a resounding “Yes”. Round-table meetings have become increasingly popular over the past few years, although it is less clear whether this is due to an increased emphasis on a collaborative approach or down to the current court listing difficulties. To take part in round-table meetings you do Continue reading

Split hearings in private law children cases – how to avoid using a disproportionate amount of resources ?

The President’s Guidance in relation to split hearings issued in May 2010 stated that split hearings “…are taking place when they need not do so and are taking up a disproportionate amount of the Court’s time and resources..”.  Court time and resources have, if anything, become even more scarce today in 2016 so how can Continue reading