Any process which involves a family law solicitor is sure to put an emotional strain on parents and children alike. Fortunately, there exist a number of services and special resources that can help ease some of the burden. Let’s consider some of them.
Child Arrangements and Parental Responsibility
Among the most important concepts in family law is that of Parental Responsibility. This means having the rights and powers of a parent, legally speaking, when it comes to a specific child. This becomes more complex in cases where parents are separated.
For example, the parents might not agree when it comes to a major decision about the life of the child. This might result in a judge being involved via a Specific Issue Order or Prohibited Steps Order.
In fact, there’s a specific category of court order related to Parental Responsibility and the way that it is exercised. These are called Child Arrangements, and they might relate to where the child is living (residence orders), or whom the child will see (contact orders).
Legal Aid and Access to Justice
Where a lack of funds might prevent you from accessing justice for your family, legal aid might be able to solve the problem. In some cases, it is means tested. You’ll want to check whether your matter falls within the scope of the aid, and then check whether you are financially eligible using the calculator on the government’s website.
Mediation and Alternative Dispute Resolution
Not all family law matters need to be settled in court. In many cases, both parties and their solicitors will have a good idea of what the outcome of such a case will be. This can make formal court proceedings unnecessary.
Alternative Dispute Resolution (ADR) methods can help to drive down costs, and to limit conflict. These methods might take the form of mediation, arbitration, or conciliation. Of these, conciliation is the least formal, and cheapest. In the case of arbitration, you might only have to provide evidence in written form.
Your solicitor will be able to advise you which form of dispute resolution is worthwhile in your circumstances. No form of dispute resolution will negate the importance of an experienced, qualified family-law solicitor who can fight your corner.
Safeguarding and Child Protection
Any case where child welfare is at stake will place legal responsibility not just on the parents involved, but on the local authorities and courts, too. For example, under the Children Act 1989, it is the duty of the Local Authority to intervene whenever there is a risk of serious, immediate harm.
