Child centred divorce: the role of family law solicitors

The role of a family solicitor is to act in the best interests of their client, to advise on the law and procedure and to provide clients with advice of the options to resolve family disputes. In this role, a family solicitor must be mindful of their own conduct and content of communication so as to ensure that such conduct and/or communication does not create or add animosity and hostility, particularly when liaising with a fellow family solicitor or a litigant in person. 

Solicitors are a regulated profession. There are also a number of guidances issued to family solicitors, for example, the Family Law Protocol issued by the Law Society, the governing body of solicitors which comprises guidance as to various aspects of family law, including conduct and content of any communication. 

Additionally, Resolution, an organisation which is committed to the settlement of disputes in a constructive and cost-effective manner, issues guidance as to the content, tone and manner in which family solicitors communicate with their opposite number or a litigant in person. All our family solicitors at Birkett Long are members of Resolution. Even when a family solicitor is not a member of Resolution, there is an expectation that they follow the “spirit” of the guidance.

Can a solicitor make child arrangements?

A solicitor can assist a parent or separating couples through legal advice and guidance. 

If there is agreement between parents, there may be no need for the formalisation of such arrangements.

Divorcing couples and separating parents have a number of resources, including using some of the free resources available, for example, the Parenting Plan, guidance issued by CAFCASS (Child and Family Court Advisory and Support Service). 

If parents wish to formalise arrangements so that they are legally binding, then consideration needs to be given as to whether such arrangements are incorporated into a Consent Order. A family solicitor can help in the process of advising, drafting and submission of this document.

What about when divorcing or separating couples are unable to agree arrangements as to how much contact a child or children has with their non-resident parent, or other issues of upbringing? In such circumstances it becomes necessary to consider other avenues of resolution including making an application to the Court for contact (now referred to as Child Arrangements Order - Spend Time With) or other Order.

How much time or contact a parent can expect to have with their child or children will depend upon the circumstances of a particular family. There is a presumption that a parent should be involved in a child's life unless there is very good reason to the contrary. 

There is no presumption that a child or children should be in the care of one parent over the other and no limitation as to the amount of contact a non-resident parent should have with their child or children. 

How can I best protect my children?

On occasions, there may be concerns about one parent's conduct or lifestyle choices which could impact upon where a child or children live, or how much time they spend with their non-resident parent. In such circumstances, it is advisable to seek legal advice so that a parent can know their rights and responsibilities and the legal steps that can be taken to protect and safeguard a child or children. 

A family solicitor can advise of the options available and what steps need to be taken, including any immediate steps. With the benefit of legal advice, this ought to assist in adopting an amicable approach to the resolution of child arrangements which is child-focused.

At times, there is no option but to consider making a Court application, which if necessary is considered to be the last resort. In some circumstances, it may be necessary, for example where a child or children require urgent protection.

Is it better to have a solicitor in Family Court?

Any form of Court proceedings can be an overwhelming experience for divorcing parents. When dealing with family related disputes, this adds an emotional element to the process. 

The benefit of having a solicitor in Family Court ensures that a parent receives ongoing legal advice and support throughout a Court process. A solicitor will make sure that all work required in the lead up to any Court hearing is undertaken to ensure that a Court hearing or hearings are effective, and provide legal representation at Court. 

Where it becomes necessary for parents to give live evidence to the Court and be cross-examined, legal representation can be highly beneficial and advisable.

In circumstances where a person has been subjected to domestic abuse, a perpetrator (alleged or otherwise) is prohibited from cross-examining a witness in the Family Court. Instead, cross-examination is done in an alternative manner, i.e. by the appointment by the Court of an advocate for the sole purpose of cross-examination. 

Legal advice

Should you require advice about divorce, separation, child arrangements or dividing finances, please do not hesitate to contact Muntech on 01268 824938 or via email at muntech.kaur@birkettlong.co.uk. Birkett Long provides a no obligation free 15-minute telephone consultation.