Could Child Inclusive Mediation Help You Agree Child Arrangements?
It is a time of great change and emotion for everyone and it can be difficult to set that aside and reach an agreement between you.
Court proceedings are stressful for all concerned and there is significant delay in the system, but there are alternatives.
We highlight Child Inclusive Mediation as an alternative means of resolving children matters, which can help you lay the foundations for a strong co-parenting relationship moving forward.
A recent 2021 report from Nuffield on ‘Children’s Experience of Private Law Proceedings’ found that children felt largely unheard in proceedings and that their wishes, feelings and voices were often lost in the process. The report flagged that that the impact on children can last them into their adulthood.
The findings indicated that children want to engage more with the process and be involved in the decision making that affects every aspect of their day to day lives. This echoes what we hear from many of our clients and their children.
We explore how Child Inclusive Mediation can give older children a voice, how it can be used to resolve children matters outside of court and how it can benefit families who are already in proceedings.
What is Child Inclusive Mediation?
Child inclusive mediation can also be known as direct child consultation or child led mediation, and it is where a mediator meets directly with the child. Child inclusive mediators are specially trained to work with children and can assist by being a neutral party that can ascertain the child’s voice.
The specialist trained mediator will speak with the child independently, they may speak to the child with each of the parents individually and with both parents present. Both parents can be reassured that the mediator is not biased and that the child’s views are genuine and not parent led.
Who is child inclusive mediation suitable for?
The Voice of The Child Report 2015, commissioned by the Ministry of Justice, recommended that children aged 10 or over should have the opportunity to meet with the mediator.
The practice is best suited to secondary school aged children, that are mature enough to know their own minds and have their own reasonable opinions about the situation.
Both parents need to be willing to engage, and consent to the child engaging with the mediator.
What type of issues can be brought to child inclusive mediation?
The most common issues brought to this type of mediation are disputes around which parent a child may live with, how much time the child will spend with each parent, where a child will go to school. However, child inclusive mediation can help parents reach agreement over any issues relating to their children.
Who is child inclusive mediation NOT suitable for?
Child inclusive mediation is not suitable for children under the age of 10. It may cause significant stress for younger children to be put in that situation, but in certain exceptional circumstances it may be considered only with the agreement of both parents and the mediator.
Cases where there are significant safeguarding concerns, such as matters with domestic abuse and child welfare concerns, will not be suitable for child inclusive mediation.
When can child inclusive mediation be used?
Child inclusive mediation is incredibly flexible and can be used alongside other resolution methods.
Where parents are already in mediation and the mediator does not offer child led mediation, it is possible to engage a separate mediator and return once the child’s wishes have been gained.
Where parties are negotiating though solicitors and child arrangements are at an impasse, rather than engaging in lengthy and often expensive trial by correspondence, it can be helpful to gain insight into an older child’s views, which can help unlock the outstanding issues and move the family along.
When parents are engaged in court proceedings and it is not possible to obtain a CAFCASS Section 7 report, it may be possible to engage with child led mediation to bridge that gap. This would be far quicker than waiting on a CAFCASS section 7 report, which at present can take between 12-16 weeks. Child inclusive mediation can be a part of court proceedings with the agreement of both parents and the directions of a Judge. While the child’s view in the process is persuasive, it is worth noting that it is only one of the 7 points on the welfare check list that the court takes into consideration when making a determination in the best interests of a child.
Are there any other benefits?
When parents separate it triggers a period of significant change and adjustment for children, which is often beyond their control, and this can be highly stressful and upsetting for them. A key benefit is that the child can feel empowered and that they have some influence of the changing situations around them.
Child inclusive mediation is a child focused method of resolution that allows the child’s voice to be heard in a process where it would often be lost. The use of child inclusive mediation can help focus parents and create the foundations for a strong co-parenting relationship that can last for a child’s minority years.
Legal Advice
At Allard Bailey Family Law, we encourage parents to keep their children’s needs front and centre of every matter. We are experts at helping parents to resolve issues about their children. If you find yourself in need of assistance to divorce or separate in a way that makes your child’s needs the focus, please get in touch. Our specialist knowledge and proven results with child arrangements can help you to navigate through this difficult time.
If you would like to speak confidentially to our team of family solicitors you can call 020 7993 2936 to schedule an appointment or make a Contact Request here.
Filed Under: Insight
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What is the process for applying for a child arrangements order?
As a fundamental legal instrument in Family Law, the Child Arrangements Order details visitation schedules and custody arrangements, prioritising the child's welfare in situations where parental or guardian agreement is lacking. By understanding this process, parents and guardians can make informed decisions that facilitate the amicable resolution of familial conflicts.
In the following sections, we will delve into the details of the process, including the role of the court, and provide expert guidance to navigate the procedure smoothly.
What if my spouse refuses to accept the divorce?
Eligibility for divorce
You can get divorced in England or Wales if:
- you have been married for over a year;
- your relationship has permanently broken down; and
- your marriage is legally recognised in the UK.
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You can reach an agreement about your divorce finances between yourselves and this is usually preferential to going to Court. However, your divorce settlement must be approved by the Court to be legally binding.
The Court will look for evidence that the financial settlement is fair and meets both of your needs without putting one person under undue pressure or hardship.
As the concepts of fairness and hardship are subjective, it can be difficult to reach an agreement that you both consider to meet these criteria. In this situation, you can request that the Court makes the decision about how to separate your marital finances for you.
Should we go to Court or Arbitration to settle our Divorce?
If you have different views on what is fair, disputes about finances, property and children can continue for months or even years.
If you are unable to reach a compromise through other means, you might consider Family Arbitration as an alternative to Divorce Court.
This blog outlines the process of Divorce Arbitration, highlighting some of the key advantages and disadvantages to help you decide whether to consider it as an option.
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The route to change child maintenance payments depends on whether you are making Court-ordered payments or whether your child maintenance is dealt with by the Child Maintenance Service (CMS).
In this blog we focus on the options available to a paying parent who needs to reduce child maintenance payments. However, the same principles of process apply to a receiving parent who wishes to increase payments.
It is important to remember that the repercussions of reducing or stopping payments without agreement are serious and can have a long term effect on your financial situation. It is therefore advisable to take advice from a specialist at the earliest opportunity.
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Following five years of consultation, the Gender Recognition Act Reform Bill was heard by the Scottish Parliament at the beginning of March. The proposals include reducing the waiting time from two years to three months; removing the need for a medical diagnosis; and reducing the minimum age to apply for a Gender Recognition Certificate from 16.
The proposals are welcomed by Scottish Trans, but they believe the reforms "would still see Scotland with a gender recognition law that is far from world-leading". Where does this leave the trans community south of the border?
Break the Bias When Parents Separate
Women generally take the lead in caring for children and this can leave them in a vulnerable situation if their relationship ends.
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This is a significant change to family law in England and Wales, which has traditionally required one spouse to divorce the other, usually on the grounds that their actions caused the relationship to fail.
Could Mediation Help you Resolve your Family Law Dispute?
It is a practice intended to help people in dispute reach agreement on their own - so that you do not need to involve the Courts.
The idea is that you discuss the situation directly with the other person and try to reach an agreement between you. However, you are able to take independent legal advice at any stage of mediation and it is possible for a solicitor and / or other professionals to attend mediation with you.
All mediation is overseen by a trained and impartial third person, known as the mediator.
Using a Child Contact Centre
It is common for a parent to leave the family home without a fixed address, meaning they do not have anywhere appropriate to take their child.
There will sometimes be extreme circumstances that led to the separation, or it may simply be that the parents’ emotions are too raw and they cannot face seeing each other.
This can be difficult for children who feel caught in the middle.
Could a Co-Parenting App help you Stay Child-Focused?
Apps can provide a focused method of communication which is solely about the children.
Many parents find that apps help them keep on top of their children’s lives and minimise conflict. If communication between parents is breaking down in other settings, such as face to face or by WhatsApp, a co-parenting app can ensure there is always an open channel of communication to make arrangements for your children.
Could Child Inclusive Mediation Help You Agree Child Arrangements?
It is a time of great change and emotion for everyone and it can be difficult to set that aside and reach an agreement between you.
Court proceedings are stressful for all concerned and there is significant delay in the system, but there are alternatives.
We highlight Child Inclusive Mediation as an alternative means of resolving children matters, which can help you lay the foundations for a strong co-parenting relationship moving forward.
Practical Ideas to Continue Contact with your Child
What can parents do to make it easier for children and show that they are still valued by both?
First remember there are many types of contact and if your child misses you, there is rarely a good reason that contact should be limited to the days they see you.
In the age of telephones and video calls, children should be able to speak to both of their parents every day if they want to. You can also write, email and communicate on social media if it is appropriate for your child.
Could a Parenting Plan Help Your Child?
It is natural for this conversation to focus on where they will live and when they will have contact with each parent. It is not easy to know what else to discuss and how to approach it.
Preparing a Parenting Plan will help you consider the entirety of arrangements for your child and how you will work together to parent them moving forward.
By considering situations before they occur, you can provide more certainty and a more positive environment for your child.
Five Steps to Keep Your Child’s Needs at the Forefront of Separation
How parents behave during a divorce or separation will have an impact on the happiness, health and wellbeing of their children.
To minimise the negative effects, it is important to bear this in mind from the outset and set a tone for the separation that keeps your child’s needs at the forefront.
We have prepared five practical steps that can be taken to ensure your child’s needs come first and that a strong foundation is laid for a positive co-parenting relationship.
How do I know if our Prenuptial Agreement is Fair?
A Prenuptial Agreement allows couples to have a degree of self-regulation over their affairs and set out from the outset what will happen if they separate.
It is not about trying to make sure your new spouse does not get anything, but allows couples the opportunity to decide what would be fair for themselves. Most people find it easier to do this when they are experiencing the best of times.
About Us
As a specialist firm, we focus on all areas of family law and legal matters that affect private wealth.
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