A Guide to Children Law What happens to the Children during a Divorce or Separation
It’s a sad fact that on average 42 percent of marriages end up in divorce and the main victims are the children. Today we are going to discuss various scenarios covering the law relating to the children of the family, and with me today is Karis Wookey, a solicitor in Howells and a specialist in children law. Karis, we’re now going to run through a few scenarios covering parental responsibility.
For my first example, a couple marries in 2000. They have a 10yearold son and a 6yearold daughter and twelve years later the parties separated. What is a typical arrangement for the children? Ideally, parents will come to an agreement at this point regarding where the children live and how much time the children spend with each parent. But what if they can’t agree with these arrangements? There are circumstances where the mother would not agree.
To arrangement whereby the children would spend equal time with both parents. Say, for example, if her child benefits were reduced, if father formed a new relationship with another partner, or she may just be unreasonable. So what can he do, if his ex partner decides to reduce contact with his children? The first port of call is to seek legal advice. Here at Howells, we offer a 30 minute free consultation with a specialist solicitor.
And there is no pressure to proceed after the initial interview? No, there’s no pressure whatsoever to proceed and of course will be no costs involved. In our case study, the father has parental responsibility as he is married to the child’s mother so he would be responsible for looking after the child, providing a secure and stable home environment, choosing educational needs and appropriate schools, choosing the child’s name and consenting to any change of name,.
And agreeing to medical treatment. These are just a few examples of what having parental responsibility means. What would the first step be for the father to reinstate the original agreement or to gain more access to his children? Firstly, we would need to write to the mother setting out his proposals and requesting the previous arrangement be reinstated immediately. We would request the response from mother within 14 days and suggest that she seeks independent.
Legal advice if she’s unsure about the contents. So is the best case scenario that the mother responds and reinstates the previous arrangement? Yes, but if this doesn’t occur or if she fails to respond then we would refer the matter to mediation. As of the 22nd April 2014 prior to making any application to court, a mediation intake assessment meeting known as MIAMS needs to have taken place. There are however some exemptions to this, such as domestic violence.
Mediators are trained to help resolve a number of issues including children disputes. Who pays for this mediation? If one party is eligible for legal help then this will cover both parties. However, generally it is the person making the referral to mediation that will bear the expense usually ranging from 75 to 150 pounds plus VAT. If further sessions are required, then the fees will increase and these should generally be split equally between the parties.
Psycho Kid Kills Father
Oh my fucking god, are you serious? Where is everything? This place is fuckin’ cleared out. Hey Dad. What? Where are all Jesse’s things at?.
I put ’em in storage. What? Why would you do that? ‘Cause he disrespected me! Now are you going to play this game or not? WWhere’s Jesse at right now? He’s down in the basement in that small room, doing his tutorials. (Mumbling) (Mumbling).
(Door shuts) (Jesse) Holy shit. (Jeffery) Dude. What the fuck? (Jesse)I didn’t know you were coming today. Yeah, well I got your voice mail. (Jesse) Are you filming this, man? Come on. Holy shit. Did you write all this?.
(Jesse) Yes. I wrote all this. (Jesse) This is where I’ve been cooped up for the last week. What the fuck. (Jesse) This is my studio, this is where I make tutorials. This is your stu. Yeah. Why would you write all this shit? (Jesse) Dude.I really wish you didn’t come today.
You picked the worst fucking time. Why? Because, man. Whoa, Jesus fucking Christ, Jesse! I’m just doin’ what I need to do. Okay? Put the fucking gun down, okay? Please. I’m not going to do anything with it! I swear to you. I promise. I’mI know. This is just what I have to do, okay?.
Put the gun down, put the gun down. (Jesse) You weren’tyou were not supposed to be the one to open this door. You fucking listen to me. (Jesse) I’m not pissed at you, I’m not pissed at you, I’m pissed at Dad Then just put the gun down. Where is he? Where is he? Where the fuck is he? Upstairs.
Please don’t Please don’t do what? I’m not gonna fucking do anything. Shut the fuck up, back up, back up. Just put the gun down! I see you’re still recording. S. yeah, so? You’re already fucking recording, just lift it up dude. Just lift the camera up. film it, go ahead. I’m fucking.I’m done. I am done, I have had it. I’veYou’re not the one that spent the last fucking week cooped up in here, alright?.