Understanding Shared Parenting Disputes
Parents deeply love and care for their children, aways striving to make decisions in their best interests. However, to an outsider, discussions about parenting arrangements can sometimes sound as if a child is being treated as a possession. So what happens when parents cannot agree on what those best interests are? In the past, when parents couldn’t agree, the typical course of action was to apply to the court and let a Judge decide.
The Role of the Court in Parenting Disagreements
Most court applications tend to focus on determining where a child should live or how much time they should spend with each parent. However, parents can also turn to the court for specific issue orders, such as resolving disagreements over which school their child should attend. Similarly, prohibited steps orders can be sought to prevent a parent from taking specific actions. When making any decision concerning a child, the court prioritises the child’s welfare above all else. In law, there is also a presumption that, unless proven otherwise, the involvement of both parents in a child’s life generally promotes the child’s welfare. This principle has long been upheld by professionals working with children and was formally enshrined in law just over a decade ago.
Why Equal Time Isn’t Always the Answer
This does not mean an automatic equal division of a child’s time between his or her parents. Instead, it underscores the idea that a child benefits from having both parents involved in their life. Professionals widely agree that parents are best placed to make decisions for their children, as they understand their needs and circumstances better than anyone else, including a Judge.
Exploring Alternatives to Court
So, what alternatives exist when parents, despite their shared desire for what’s best, cannot find common ground?
Firstly, seeking legal advice is crucial. Legal professionals can guide you through your options and draw on their experience to help resolve disputes. While applying to the court may sometimes be unavoidable, it should always be considered a last resort. Exploring solutions through discussions facilitated by legal advisors can often break through disagreements. These discussions don’t have to follow the traditional back-and-forth of letters. Instead, parents may meet directly with their lawyers round table to work toward a resolution.
The Benefits of Mediation in Co-Parenting Conflicts
Another valuable option is mediation, which can enable parents to reach agreement. This is beneficial because it can improve communication between parents and assist with co-parenting in the future. After all, parenting doesn’t end when a child reaches the age of 18 and there will be many life events when children will benefit from having parents who are able to communicate. Legal advice and support remain available throughout this process, ensuring parents feel confident in their decisions.
Arbitration: A Faster, Confidential Solution
If disputes persist, arbitration may offer an alternative. Unlike court proceedings, which can take many months—or even years—to conclude, arbitration provides a faster resolution, often within weeks. This allows families to move forward and focus on the future. Arbitration also has the added benefit that it is completely confidential. With recent focus on making family court proceedings more transparent, there is always the possibility that details of a Court’s Judgment might become public.
Finding the Right Approach for Your Family
Every family’s situation is unique, so a ‘one-size-fits-all’ approach isn’t suitable. By considering these options carefully, parents can find solutions that put their child’s well-being first, fostering a positive co-parenting dynamic for the future.
How We Can Help – Contact Our Family Law Team
Prettys’ Family Team are multi-skilled in their approaches to family matters. The team consists of trained mediators, collaborative lawyers with years of experience in round table working, and experienced litigators. We have a thriving mediation practice and are creative and tailored in our approach to finding resolution. More information can be found at https://prettys.co.uk/services/for-individuals/family-law/. You can contact me directly at dbutler@prettys.co.uk
