Is Family Mediation Surrey provided at no cost?

Can I receive free family mediation?

Family Mediation Surrey is an alternative way of resolving disputes (ADR). ADR are strategies that may be used to attempt to resolve conflicts outside of court. In family mediation, an impartial third party, your mediator, will assist you in resolving difficulties with child custody and/or financial arrangements following separation or divorce. Your mediator should be “Accredited” by the Family Mediation Council, as he or she is properly trained to handle such issues. At DMS, all of our mediators are certified and abide by the FMC’s Code of Practice.

You may expect to work through your problems in a secure and private setting during mediation. In contrast to court, you will make all decisions during mediation; your mediator will never decide for you or tell you what to do or what not to do. Together, you will hopefully be able to suggest a solution that benefits all parties. Once you are satisfied with a resolution, the mediator will explain how to transform it into a legally enforceable agreement.

There are several advantages to adopting family Mediation Surrey instead of going to court. In fact, the Ministry of Justice has made a concerted effort to encourage persons with family issues to use it. First, individuals cannot file a lawsuit without first attending a Mediation Information and Assessment Meeting and at least considering mediation (MIAM). Here you may book your MIAM. There may be exceptions to this rule, such as for victims of domestic violence. Here you may learn more about exclusions. The recent establishment of the Family Mediation Vouchers Scheme – a financial commitment of £500 to each family undergoing family mediation to negotiate child arrangements – is described in further detail below.

The principal advantages of family Mediation Surrey are:

  • It is significantly faster, less expensive, and less stressful than going to court.
  • Regarding child arrangement, parenting, income, assets, and property, you can reach acceptable agreements that can be made legally enforceable.
  • It helps you to control the decision-making process and prioritise your family.

What is the cost of family mediation?

Family mediation is not free, although there are several funding sources. Currently, there are three methods to pay for family mediation, depending on your circumstances. Each is described in depth below.

Client in private family mediation

The prices of private mediation vary from practise to practise. According to the Family Mediation Surrey Council, registered mediators with the FMC fee (on average) £150 each participant per session for mediation services. At Instant Mediation Services, our hourly rate is £120 per person (office hours). We operate on a pay-as-you-go system, which means that you will pay in advance for each session you attend; you will not receive a single bill at the conclusion. This allows you some control over the financing of your mediation process, and you and your mediator can work together to determine what is feasible.

Assistance for family mediation

Family Mediation Surrey is eligible for legal assistance. Solent Family Mediation Services is glad to be able to offer this service since they have a contract with the Legal Aid Agency. There are two ways to become eligible for Legal Aid. We have produced a more in-depth piece on this topic, which may be found here, but in summary:

  • Legal Aid eligibility is contingent on receiving a qualified welfare benefits, like Welfare Benefits, Revenue based ESA/JSA, or Income Support.
  • If you have a low monthly disposable income (less than £733 per month), you may be eligible for Legal Aid.

If you are eligible for Legal Aid, the following costs will be covered:

  • Your Mediation Information and Evaluation Conference (MAIM)
  • Your joint Mediation Surrey sessions
  • Costs associated with the creation of legal papers such as Parenting Plans, Open Financial Information, and Memorandums of Understanding.

In addition, Legal Aid can also give financing to the other party involved in your mediation, particularly if they do not qualify. Legal Aid will pay for the other party’s MIAM as well as the first hour of mediation.

At Solent Family Mediation Services, it is simple to apply for Legal Aid; all you need to do is fill out an online form and submit documentation (for example, a screenshot of your Universal Credit entitlement). We’ll handle the rest.

Family Mediation Voucher Program

In March of 2021, the Ministry of Justice unveiled a new creative financing option for family mediation. The voucher scheme provides up to £550 per family towards the cost of child-related mediation. This effectively implies that (with DMS) you receive little more than 2 hours of free mediation.

The voucher programme was first established in reaction to the Covid-19 outbreak in an effort to alleviate the load on the Family Court and as part of an intensive drive to encourage families to use family mediation to resolve disputes. We are thrilled with the continued expansion of the voucher programme.

The voucher programme is not income-based, thus it does not consider your personal resources when awarding vouchers. Unlike Legal Aid, the voucher programme will apply to nearly all child-related matters. The voucher programme does not apply to instances that include only financial agreements.

When you attend your MIAM, your mediator will describe the voucher programme and request your approval. That’s all you actually need to do; we’ll handle the rest. Our team will submit the voucher request on your behalf. Due to the fact that the voucher does not include MIAMs, you will need to pay privately or through Legal Aid. (Yes, you may still request the voucher if you are a customer of Legal Aid!) After both parties have undergone MIAMs, Mediation Surrey sessions can commence. Here you may find additional information about the mediation procedure.

You may only apply for the voucher programme once; you cannot get it twice. It is also vital to note that the voucher programme is currently undetermined and there is no assurance it will continue. During the MIAM, your mediator will clarify if the voucher system is available to you. Contact the office if you have any queries concerning the voucher system.

Our blog contains further information about family Mediation Surrey and other family-related topics.

Conclusions regarding free mediation

Although family Mediation Surrey is not free, Legal Aid and funds are available to assist with the costs. Thankfully, Legal Aid is accessible for family mediation, so your money should not prevent you from obtaining the service. Similarly, the voucher programme provides financial assistance to all families who are having difficulty making accommodations for their children.

Contact a Family mediator in Surrey today on 0238 161 1051

How old must a kid be to deny a visit to the United Kingdom? – Mediation Surrey

My toddler refuses to go…

Arrangements for your children’s care are frequently one of the most significant aspects of divorce. There are concerns over the children’s living arrangements. How frequently shall I see them? Will they spend equal time with each of us? What about weekends that alternate? These are but a few of the questions posed while discussing child arrangements during Mediation in Surrey and beyond.

What might be surprising is when you and your ex-spouse have addressed these questions and reached a workable arrangement through Mediation Surrey or otherwise, but your children decide they do not intend to adhere to this arrangement. It may be really distressing to hear and very difficult. There are several reasons why children may express a desire to have no contact with either parent:

  • This may be a reaction to the separation itself. It is essential to note that the separation has also had an emotional impact on your children. It is possible that their unwillingness to have contact with either parent is a result of this.
  • It is possible that the youngsters do not wish to visit the “stricter” home. This can occur when various parenting styles exist and the child is having an easier time at the other residence.
  • They may just prefer the food they have with the other parent!
  • It’s possible that, while the arrangement works for you as parents, it doesn’t work for them.
  • It is possible that your children tell you what they believe you want to hear.

These are just a few examples of the reasons your children may refuse touch. It may be a mix of these or something else entirely. In this circumstance, it is crucial to determine the precise reasons why your children do not intend to comply with the agreement.

Sit with your children and communicate with them. Explain that you both desire to spend time with them and reassure them of your affection. Ensure that you pay attention to their concerns. If you can determine what the issue is, you may be able to discover potential remedies moving ahead.

What should we do if our children refuse to interact with us?

As said previously, you should first communicate with your children to determine what is going on. You should not just accept your children’s advice and abandon the plan. What would you do if your children refused to attend school?

In reality, that is a reasonable perspective. If your children have stated that they do not wish to attend school, it is advisable to inquire as to why. Are there issues at the school? Is it because the school lacks a PlayStation? This exploratory strategy is vital to issue solving.

Regarding spending time with any parent, it is essential that parents encourage interaction with one another. Regardless of your personal connection, you should urge your children to spend time with the other parent. Remember that you are everything to your children – if you share your thoughts and opinions honestly, they may undoubtedly shape their perspectives. If kids overhear you say, for instance, that their mother or father is a complete jerk and you never want to see them again, they may very well follow suit.

If you are having difficulty resolving issues on your own, you may want to seek family mediation. Family Mediation Surrey entails the intervention of a skilled, licenced family mediator, who will assist you and your spouse in having talks about the situation and exploring potential solutions. In circumstances when children are denying contact, there is also the option of Child Inclusive Mediation, in which the child’s wants and emotions can be expressed in their own words.

What should we do if our children refuse to interact with us?

As said previously, you should first communicate with your children to determine what is going on. You should not just accept your children’s advice and abandon the plan. What would you do if your children refused to attend school?

In reality, that is a reasonable perspective. If your children have stated that they do not wish to attend school, it is advisable to inquire as to why. Are there issues at the school? Is it because the school lacks a PlayStation? This exploratory strategy is vital to issue solving.

Regarding spending time with any parent, it is essential that parents encourage interaction with one another. Regardless of your personal connection, you should urge your children to spend time with the other parent. Remember that you are everything to your children – if you share your thoughts and opinions honestly, they may undoubtedly shape their perspectives. If kids overhear you say, for instance, that their mother or father is a complete jerk and you never want to see them again, they may very well follow suit.

If you are having difficulty resolving issues on your own, you may want to seek family mediation. Family Mediation Surrey entails the intervention of a skilled, licenced family mediator, who will assist you and your spouse in having talks about the situation and exploring potential solutions. In circumstances when children are denying contact, there is also the option of Child Inclusive Mediation, in which the child’s wants and emotions can be expressed in their own words.

Child-Friendly Mediation

Child Inclusive Mediation (CIM) (also known as Kid Consultations) is a procedure in which a child inclusive mediation will meet with your child(ren) to provide them with a chance to discuss the matter with a neutral party. In general, only children over the age of 10 are eligible for CIM; however, in extreme cases, younger children may be seen. If you employ CIM as part of the Mediation Surrey process, you may expect that your children’s voices will be brought into the Mediation Surrey room to aid in conversation facilitation. This may occur in-person or online.

For CIM to occur, the following conditions must be met:

  • Both parents must provide approval for CIM to occur.
  • The mediator must confirm the suitability of CIM.
  • The children must give their approval for CIM to occur.

In addition, even if CIM is implemented, your children’s opinions may not necessarily be sent to the Mediation Surrey chamber. The same principles and standards of secrecy apply to the meeting with your children, since they must consent to having their opinions sent to the main mediation.

What happens if my children refuse contact despite an existing Child Arrangements Order?

This may be a difficult circumstance. There is an ancient proverb that goes, “You can lead a horse to water, but you can’t make it drink.” When a child arrangements order is in effect, it is legally enforceable, therefore parents must consider the consequences of violating the order and committing contempt of court.

Despite the fact that you could apply to enforce the order in certain instances, it is more probable that the order itself must be reassessed. Taking into account the preceding debates, it may be necessary to reconsider the arrangements. Clearly, there is an issue with the arrangements that must be addressed if this occurs. Consider a discharge or modification of the order in this situation. Hopefully the latter, with this variant taking into consideration the desires and emotions of your children.

Indeed, the wants and sentiments of your children will be considered in court procedures. This is in conformity with the section 1 welfare checklist of the Children Act of 1989. The Court will consider the age and maturity of the defendant. Regardless of age, wants and feelings will be considered, however for younger children, this may be given less weight. For youngsters above 15 years of age, you should take their desires and emotions extremely seriously. In reality, the Court may choose not to issue any order.

In sum, regardless of the age of the children, their desires and emotions will be considered to varied degrees. These factors will always be weighed against the child’s age and maturity, as well as whether or not their desires and emotions are in their best interests. Generally speaking, it serves the best interests of children to spend time with both parents.

What if I am concerned about the reasons why my child is shunning contact?

If you find or have concerns about the other parent spending time with your children, it may be acceptable to suspend contact. Typically, this translates to a worry for pain or the danger of substantial injury. Examples include the following:

  • Abuse of alcohol or substances.
  • Domestic violence/abuse.
  • Concerns that the other parent may permanently remove your children from the country (abduction).

If you are concerned about the health or safety of your children, you should notify Social Services or the police immediately. If a child arrangements order is in effect, you may petition the court to modify or vacate the order. As part of this application, you may obtain a temporary restraining order prohibiting contact pending a final hearing. In most instances when there is a danger of damage, family Mediation Surrey will not be appropriate; nonetheless, you may desire to attend an MIAM to obtain a mediation certificate for your court application.

I believe that my former spouse is turning my children against me. How is parental estrangement defined?

Children may have their own unique reasons for rejecting interaction, as illustrated above. There are instances, though, in which one parent deliberately turns their children against the other. As a result, children avoid touch.

Our courts took parental estrangement severely in recent years. To protect the kid’s best interests, it was ordered in a 2019 case that a youngster should live with the non-resident parent owing to parental alienation. According to the courts, parental alienation is emotionally detrimental to children and may have lasting effects on their emotional health.

Family Mediation Surrey can be effective for examining the possibility of parental alienation and then seeking to address issues outside of court. However, if you are concerned that the parental alienation is so severe that your children are suffering or are at danger of suffering serious harm, you may decide to file a court petition. You should always consult an attorney.

Contact a Family mediator in Surrey today on 0238 161 1051

Five Top Preparation Tips for Family Mediation in Croydon

By mediating your divorce or separation, you can attempt to settle your case outside of court. However, you must be well-prepared for success. Follow these FIVE TIPS to make your Mediation Croydon experience a good one: –

BE PREPARED

Prepare for your Croydon Mediation in order to make the most of it. It may be your final opportunity to resolve problems amicably and obtain the desired conclusion. Mediation in Croydon is your opportunity to avoid time, money, and mental stress associated with going to court. Take the time to explain the procedure with the mediator, so you understand what to expect. Ensure that you spend time contemplating the problems you wish to fix. If you believe that writing down your thoughts would help you remain focused throughout the sessions, you should do so. If the mediator requests information or documents, supply it immediately and in its entirety. Ensure that you are familiar with your own contents so you can explain them if necessary.

STAY CALM

Give yourself enough time to attend Family Mediation Croydon ; avoid rushing to or from meetings. In meetings, anticipate the unexpected. Explain to the mediator if you are uncertain how to respond to a certain scenario proposed by your ex; remember that you are not required to make hasty judgments in Mediation Croydon. You will have time between meetings to consider the suggestions and seek legal counsel. If you feel yourself growing tense or agitated during sessions, inform the mediator so that they may help you find a solution that addresses your specific concerns: remember that the mediator’s role is to help you and your ex achieve a happy resolution.

LISTEN

Listen and keep listening: Mediation in Croydon is all about listening to what your ex-spouse has to say: try to keep your attention on the issues and the difficulties, and not on how you feel about your ex. This is not simple, but if you are able to listen to what is being offered, you will be able to explore all the possibilities.

BE DETERMINED

Be committed to address issues without resorting to court. Although it may not be simple to find a solution, believing that you can and maintaining a good attitude will go a long way toward attaining achievement. Positivity can help you get through the most difficult periods in Mediation Croydon: it requires dedication and effort to discover answers to complex difficulties. Remember that the effort will be well worth it and will save you hundreds of pounds if you can avoid court.

BE REALISTIC

Consider whether your goals are attainable: mediation in Croydon is not about winning, but rather about finding practical and feasible answers to the issues at hand. Consider what would work for the other person in addition to what would work for you while considering the difficulties. The mediator will encourage you to think laterally and beyond the box: the answers you can reach in Mediation Croydon are typically more innovative and diverse than those enforced by a court. There will also be solutions that you have selected and that are specific to your family’s situation.

Contact a Family mediator in Brighton today on 0238 161 1051

The definitive guide to the Financial Mediation Croydon procedure

8 STEPS IN THE PROCESS OF FINANCIAL MEDIATION

It can be difficult for many couples going through a divorce or separation to agree on the financial terms of their divorce or separation. There is a great deal of conflicting information available; many well-intentioned family members and friends may provide wrong counsel; and if you Google “what should a fair financial settlement be? “, you will likely get a variety of conflicting responses and even more uncertainty. This blog discusses the mediation procedure that Mediate Croydon use to assist you in reaching a fair and beneficial financial arrangement. We know that following this procedure is effective in 90% of instances.

Family law is concerned with ensuring that your future needs are satisfied and that your children are given priority in any arrangement. Our Comprehensive Guide to Financial Settlements describes in detail the Section 25 elements that a judge might consider.

Obviously, you are able to agree on whatever you both deem reasonable. To have your agreement made legally enforceable by a financial consent order, however, the court must agree that you have reached a reasonable arrangement.

A court is more likely to do so if both of you have completed a comprehensive financial disclosure and enlisted the assistance of Family Mediation Croydon or a family law attorney.

Our blog post on the eleven strategies to establish an agreement might be of use here. Even if you are unable to reach an agreement, determining how you will attempt to negotiate a financial settlement will save you both time, worry, and money.

Family Mediation Croydon is one of these strategies. Family Mediation Croydon is typically required prior to filing a court application for a financial order, and for good reason – it works! This section describes the financial mediation procedure.

WHAT IS THE PROCESS OF FINANCIAL MEDIATION?

STEP ONE – MIAM

We initially meet with you personally. This meeting is known as a Mediation Information and Assessment Meeting (MIAM). We must do this with you both separately (you may bring a support person), and we do these sessions through online mediation or in person at one of our Family Mediation Croydon locations. The majority of individuals discover it simpler and faster to hold this initial MIAM online.

Using a flowchart, our page titled “What is Family Mediation Croydon?” describes the procedure in further detail.

Once you and your spouse have finished your MIAMs, you can complete your financial disclosure, unless there is an urgent and pressing problem to mediate.

IMPORTANT FINANCIAL ISSUE

Some spouses may have an upcoming mortgage payment that may be missed, or other critical expenditures that require agreement. This is required prior to beginning a financial disclosure or dividing the assets. In such situations, if both clients agree, you can meet with your family mediator and reach an agreement on the pressing issue(s) at a combined Mediation Croydon session.

Two-Step Financial Disclosure

If no such emergency occurs, you will both be required to provide your financial information.

You have three disclosure choices for your finances.

Option 1 – Comprehensive Financial Disclosure on Form E

This comprises a variety of evidence, such as a year’s worth of bank statements. If you are seeking a pecuniary order from the court, you must submit this form. Both parties must sign their Form E acknowledging its accuracy. If you intentionally supply incorrect information, you may be committing fraud, which might find you in legal problems if you seek a financial order in court. Here, you can view and download Form E.

OPTION 2 – Disclaimer ON MEDIATE UK’S FORMS

That’s the refers to the process by 80% of our customers. The spreadsheets provide a total financial disclosure as acknowledged by the courts and attorneys, but are easier to fill than a Form E.

OPTION 3 – HIGH LEVEL DISCLOSURE

This is the minimum needed information for Form D81. It contains the sums of your properties, assets, pensions, and liabilities. However, they are not dismantled. If you desire to utilise this option, you must get legal counsel on the potential legal ramifications and sign Mediate UK’s disclaimer.

If you are unable to agree on the type of disclosure to employ, you will be required to complete Form E, option 1, since this is what the court would require.

WHY IS A FINANCIAL DISCLOSURE REQUIRED?

If you need a legally enforceable agreement at the conclusion, you must get a financial consent order. This is the only method to guarantee a clean separation and a legally enforceable agreement that protects both parties. In order to obtain a court-approved consent order that cannot be later challenged or revoked, you both must provide this financial disclosure.

THIRD STEP – CONSENTING TO THE FINANCIAL DISCLOSURE

This is a crucial process phase. Any technique you employ to achieve a financial settlement will need that you and your spouse have both made and consented to a financial disclosure. The court will require you to do one if you do not. And if they feel you are being unreasonable or irritating the process, they may consider this when allocating attorney fees and even when rendering a verdict.

Your mediator will review the financial disclosures you have submitted and confirm that you both agree with them. It is impossible to proceed with the mediation process to achieve an agreement without a complete financial picture, which is why we request that you bring all of your financial information, including pension assessments, to the financial mediation session. This is unnecessary if you are addressing parental issues.

STEP FOUR – EXCHANGING DISCLOSURES

The sharing of financial declarations is a crucial aspect of the procedure. This can be done before to your first joint Mediation Croydon session or, more commonly, after the conclusion of the financial disclosure session described above. The mediator will not analyse your financial disclosures or retain copies of your evidence, such as bank statements, credit card statements, etc. They will document the information shared between you two.

Exchanging financial information before to your first joint Mediation Croydon session enables you to seek legal counsel, which may be advantageous in your case. If not, you may seek this counsel between sessions if you believe you need legal direction.

STEP FIVE – HOW DO WE DIVIDE UP OUR ASSETS AND DEBTS?

Here is where the answer to the following question is required:

How can we equitably split our assets and liabilities so that we may both move on with our lives and satisfy our future needs?

If you can collaborate with your mediator to solve this issue, you are far more likely to establish a fair, decent, and manageable agreement than if you approach the matter with the mindset of “how can I get the most out of this?” Family law does not actually support the second question.

Your mediator will assist you in determining your requirements and how they might be addressed with the available funds. The table below may be useful in illustrating which elements are typically considered and which are not when a court reaches a settlement.

Don’t forget to go back to the ‘Ultimate Guide to a Financial Settlement,’ which discusses these aspects in full.

WHAT ARE MY REAL REQUIREMENTS?

For many clients, the requirement to finance two households, while previously only one was required, is the primary issue that you and your client must resolve. Check up our blog post on the 10 alternatives for a property in a divorce or separation, as it may present you with ideas you hadn’t considered.

Examine Rightmove or Zoopla to determine the cost of a home in the location where you intend to reside that meets your reasonable living requirements.

Determine your mortgage eligibility based on your present and projected income. How much is your credit limit? And how much will the mortgage payments be each month? Are you able to maximise your income whilst living apart? You may qualify for further assistance through universal credits or a decrease in your council tax payment. This calculator will help you determine if you are eligible for additional monthly budget assistance.

CASE STUDY: REASONABLE REQUIREMENTS

Jessie and Tyler have two children, a 12-year-old boy and a 10-year-old girl. They resided in a 4 or 5 bedroom home. Jessie owned her own daycare business and also worked as a private nanny. Tyler was a project manager for IT.

They decided that the children would largely reside with Jessie, since she was able to schedule her job around their needs, and that they would visit their father every Wednesday evening and every weekend.

Jessie desired to remain in the home while Tyler rented a neighbouring apartment. Tyler desired that the house be sold and that they both purchase a three-bedroom home. They chose Family Mediation Croydon to assist them in reaching an agreement.

In Mediation Croydon, they examined their earning capability, mortgage calculators, and home prices after following the aforesaid disclosure procedure. They were unable to afford two 3-bedroom homes, but they could afford a 3-bedroom home and a 2-bedroom maisonette. The former marital residence was sold, and Jessie purchased the three-bedroom home with £300,000 from the profits and an £80,000 mortgage.

Tyler combined £75,000 in equity with a £200,000 mortgage to purchase a 2-bedroom maisonette with a huge living space that could be transformed into a sleeping area for his son when he visited.

After meeting their necessities, they divided the remainder of their assets evenly. In addition, they decided that Tyler should retain a larger portion of his private pension to compensate for the uneven distribution of the house equity.

This was the only alternative that would fit them both in their separate residences and allow them to accomplish a financial clean break.

SIXTH STEP – IS IT AFFORDABLE?

The family mediator validated the aforesaid arrangement and determined that Jessie could afford her mortgage and household expenses. This was completed using a future projection.

depends on the size of the home in the neighbourhood, council tax, and total household costs. But if Jessie had been unable to pay these fees and, as a result, fallen behind on her mortgage payments and had her home seized, this arrangement would not have been possible.

A crucial aspect of the financial settlement is verifying the agreement’s validity and determining if recurring payments are required between the parties. It demonstrates to the court that you have considered your and the children’s future requirements. Spousal maintenance may come into play; however, if you have an order for spousal support, you cannot obtain a clean break. Read our “Ultimate Guide to Spousal Maintenance” for additional details on how this works and the possibility of capitalising (paying a lump amount) the spousal maintenance.

If you have children, you may also need to consider child support, depending on the agreed-upon child arrangements and the children’s ages.

Both parties must plan their future finances and reach an agreement on what is appropriate. While child support is often required by law, the subject of spousal support should become evident once you both complete this exercise.

SEVENTH STEP – THE DOCUMENTATION AND LEGAL ADVICE

After you have achieved an agreement, the family mediator will prepare for you two documents:

A financial statement admissible in court The financial statement details your present assets, liabilities, and income.

A memorandum of comprehension The memorandum describes the distribution of these assets and any ongoing payments.

Currently, the memorandum is not legally binding, so you may take it to your own attorney for review, or you can take full advantage of Mediate UK’s one-hour memoranda legality check, which includes a written report of your legal counsel.

Minor adjustments can be made by mutual consent, and typos can be repaired by the mediator, but major changes must be agreed upon in a subsequent joint mediation Croydon session.

Once you and your counterpart are satisfied with your memorandum, you may move to the last stage.

EIGHTH STEP – MAKE YOUR CONTRACT LEGALLY BINDING

Once an agreement has been struck, it might be implemented without being rendered legally enforceable. However, many people desire the security of a financial consent order on divorce, or a separation agreement if they are not married or divorcing later. Refer to our ‘Ultimate Guide to a Separation Agreement’ for specifics on what is and is not permitted.

For many individuals, a financial consent order is the only method to achieve a legally enforceable financial arrangement and, if agreed upon, a clean financial separation with their ex-spouse.

A financial consent order can be obtained in one of three ways:

  • Online Consent Order. Divorce Online can turn your agreement into a legally enforceable consent decree.
  • Mediate UK Package – We provide a mediation and consent order package at a fixed charge. It involves mediation, a memorandum, and a lawyer to manage your consent order with the court peacefully.
  • Use Your Own Attorney. They can prepare the order and communicate with the court on your behalf. You may also consult a lawyer over the substance of the order.

CONCLUSION

The actual preparation and processing of the consent order should always be performed by a family attorney, despite the fact that there are several solutions to accommodate varying budgets and degrees of complexity.

However, your agreement is where the true value rests. If you are unable to achieve a reasonable arrangement between yourselves or via Family Mediation Croydon or any alternative conflict resolution procedure, you might wind up in court paying an average of £20,000 plus VAT on attorney and professional fees before a judge decides what will happen.

This blog walks you through the Mediation Croydon process to reach a fair agreement and offers guidance on what factors you should consider to help you agree on your futures; however, it does not constitute legal advice, and we always recommend that you seek independent legal counsel before, during, or after the Mediation Croydon process.

Contact a Family mediator in Brighton today on 0238 161 1051

Child Custody in the United Kingdom – Mediation Brighton

Understanding British child custody

The vast majority of Family Mediation Brighton situations involve kid arrangements. This may involve where children will reside or how often and for how long they will spend time with each parent. Numerous parents refer to this as “custody,” but this term is no longer used in family court. The courts now use a more inclusive term: Child Arrangements Order.
The Child Arrangements Order may address a variety of issues concerning the care and raising of your children. Regarding child custody, the order may define where the kid will reside, with whom they will spend time, and for how long. This is characterised as a “spend time with order” or “live with order.” This does not mean that custody has a different meaning than when it is used, but it is not a formal phrase.
Disputes about child arrangements (or custody) can emerge following the dissolution of a partnership. The unpredictability of a divorce or separation raises a variety of issues regarding the future; the children frequently take precedence. Remember that independent, peaceful resolution is not impossible! For others, though, third-party assistance is required in order to proceed.
Family Mediation Brighton is usually the initial step in determining where and with whom children will reside, as well as with whom they will spend time and for how long. However, if this fails, you will have to go to court as your final option.

Family counselling

Family Mediation Brighton is a process in which an accredited family mediator assists you in exploring child-related suggestions and reaching agreements. You, the parents, are in charge throughout the mediation process; you make the decisions. Your mediator will never make choices for you, but will promote productive conversations so that you may achieve an agreement. In addition to providing you with legal knowledge (not advice! ), the mediator will advise you on how to transform your agreements into legally enforceable orders. In this regard, the result of mediation is comparable to a court ruling; child custody problems can be lawfully resolved.
Family Mediation Brighton is far less stressful and less time-consuming than going to court; it is also considerably cheaper! In addition, financing is accessible via Legal Aid and the Family Mediation Voucher Scheme.

Family Justice

If Mediation Brightonfails, you will be allowed to file a court petition. You can submit a request for a child arrangements order by completing Form C100.
In court, the presiding judge is responsible for making decisions. The court will listen to both parties and then issue an order resolving the custody dispute. It is essential to recognise that this order may not be exactly what you desire, and that it will be legally enforceable.
If you initiate court procedures for a child arrangements order, the Court will consider a variety of factors before rendering a decision. The first concern is your child’s wellbeing. The legislation stipulates that “the wellbeing of the child is essential.” In reaching these determinations, the Court will consult a so-called welfare checklist.
The checklist, which may be found in Section 1 of the Children Act of 1989, outlines a number of elements the court must evaluate before making an order; these are:

  • The desires and emotions of the kid (given the child’s age and level of comprehension).
  • The child’s physical, emotional, and educational requirements.
  • The probable repercussions of any change in conditions on the kidThe child’s age, gender, culture, religious background, and any other pertinent attributes.
  • Any injury the kid is experiencing or is at danger of experiencing.
  • The capacity of the parents (or any relevant individual) to satisfy the requirements of the kid.
  • The authority of the court in connection to the proceedings.

What kinds of agreements and orders are possible in child custody disputes?

Whether through Family Mediation Brightonor the courts, comparable solutions can be reached. At mediation, you will reach an agreement that you may turn into a legally enforceable order through a consent order, whereas a judge will issue an order in court.

What if one parent is the primary caregiver? Living with and spending time on orders.

Sometimes, for a variety of reasons, a 50/50 split is inappropriate. This might be due to employment obligations, the wants or sentiments of the children, the fact that one parent has been the primary caregiver, etc.
During Mediation Brighton, we will examine a number of viable options for you and your family. We may find particular difficulties with these suggestions and determine how to make them functional. All of this is done with a focus on the individual, since who understands your family’s needs better than you?
With the decrease of the term “custody” and the rise of terms like as “residence,” “spending time,” and “shared care,” it appears that the fact that you may not spend equal time with your children does not always imply that you have less responsibility.
The Children Act of 1989 defines responsibility for a child as “all the rights, obligations, rights, responsibilities, and authorities that a younger person has in reference to the kid and his property.” The child’s mother automatically has parental responsibility; fathers will have parental duty if
The child’s mother automatically has parental responsibility; fathers will have parental duty if It is possible to learn more about parental responsibility. If you are a father who is unmarried to the mother of your kid.
In this regard, if you have parental responsibility for your kid, you will have the corresponding rights and duties, regardless of the amount of time the children spend with you. Consequently, having a child arrangements order in which the children spend more time with one parent than the other does not constitute “custody” in the traditional sense.
A contract of this effect may be drafted as follows:
The children spend time with Parent 1 on Wednesdays after school until 7:00 p.m. throughout the first week. The children are thereafter under the care of Parent 1 from Friday after school until Sunday evening.
The children spend time with Parent 1 on Wednesdays from 3:00 to 9:00 p.m. throughout Week 2.
Parent 1 and Parent 2 agree to communicate with one another on significant events, such as the education and health of the children. Parent 1 receives school messages and can attend parents’ nights. Even if Parent 1 does not have “custody” in the traditional sense, they continue to be actively involved in their children’s care and development.

The Parenting Strategy

The above configurations are only samples; there are several additional choices and recommendations to investigate. In Family Mediation Brighton, it is commonly stated that parents should “create a package” of what works for them and their family. Typically, this is translated into a document known as a Parenting Plan. Parenting Plans are frequently drafted as a consequence of conversations and agreements reached during mediation, and can subsequently be submitted to the court to become a legally enforceable order.
A Parenting Plan is a document that details all aspects of the care and development of your children, including where they will live, with whom they will spend time and for how long, where they will go to school, future plans, health care, international vacations, etc. It is a very helpful document for recording judgments and agreements that not only resolve the current conflict, but also ideally prevent future disagreements.

What should my next step be regarding child custody?

If you are involved in a custody issue, you should first attempt to resolve it on your own. If this is not possible, Family Mediation Brighton should be considered. The initial step will be to attend a Mediation Information and Assessment Meeting (MIAM), where you will meet with one of our licenced mediators to examine your case and determine if mediation will be effective. If so, we will extend the opposing party an invitation to attend their own separate MIAM. If this is successful, we will go on to joint mediation sessions where suggestions can be examined, with the assistance of your mediator.
If you do not believe mediation would be effective, you should be aware that you will be required to attend an MIAM before filing a court application. This is due to the legal need that mediation be sought prior to filing an application.

Contact a Family mediator in Brighton today on 0238 161 1051

Divorce or living apart and apart? Always look into the possibility of mediating first!

It never ceases to amaze me how few people are aware that there are alternate solution ways to resolve a family law dispute, despite the fact that I have watched the behemoth that is the family law system struggle to keep up with the demands of the modern world, with latest funding cuts having left it severely underfunded and far too reliant on adversarial approaches. Having watched this, it never fail to astound me how few people are fully aware of this.

The use of collaborative law (with solicitors who are suitably qualified), early neutral evaluation (to seek a legal opinion from an experienced lawyer or judge), arbitration (to seek an out-of-court ruling on a case), and the use of direct access barristers are just some of the alternatives to traditional courtroom litigation that are available.

The Advantages of Using Mediation Brighton as the Initial Step

Even though each of these potential courses of action has its advantages and is preferable to the time-honored strategy of battling it out in the legal system until the bitter end, the most important takeaway from this discussion is that, in the vast majority of cases, Family Mediation Brighton ought to be the initial point of contact whenever there is a potential for a legal dispute. This is something that should be kept in mind at all times. This line of reasoning is applicable in any situation when there is a disagreement between an employee and employer, between corporations about a contract, between neighbours, or between couples who are separating or have split.

When does Mediation Brighton provide the possibility of reaching a solution at a fraction of the price of legal avenues, but it also Mediation Brighton the chances of building bridges rather than burning them down along the way. This is something that is especially important to keep in mind when there are children to take into consideration. You can begin to see why it is so important to consider mediation first rather than last, even if it requires the initial strength development to sit down and talk to your ex-partner whenever the immediate reaction is to put as much distance as possible for both you and them. When you add in the reduction in stress and the avoidance of the potential massive impact that a high conflict separation causes friends and extended relatives, you can begin to see why it is so important to consider mediation first before last.

When going through a divorce or separation, mediation is always the most cost-effective and friendly approach to achieve agreements regarding all of the challenges that you are experiencing, including the following topics:

• Engaging in a conversation about the various paths that the relationship may go in the years to come.
• Coming to an agreement over the finances.
• Coming to an agreement over the plans for your children.

Have a discussion with Solent Family Mediation Brighton.

Please get in touch with us so that we can tell you more about the family Mediation Brighton services .

On our website, which can be accessed at https://solentfamilymediation.co.uk, you can find a free guide titled “Divorce and separation guide – there is a better way!” and many short films that accompany it. If you would like more information, please feel free to download this guide.

Contact a Family mediator in Brighton today on 0238 161 1051