Child Custody – now known as Child Access and Mediation
Children will always be the top priority, and their well-being will be of the utmost significance. A court will want to know the child’s feelings and emotions over their current situation. Consideration will be given to the child’s emotional, physical, and educational needs, as well as the impact of any changes to the child’s environment.
Age, gender, characteristics, and background of the child will all play a role in the decision-making process. The judge or magistrate will seek to ensure the child’s safety and the parent’s ability to provide for the child’s needs. A judge or magistrate will only issue an order if it is in the child’s best interest.
When determining the optimal child access arrangements for the child, numerous aspects are taken into account:
Child’s emotions and input:
If your child or children are old enough, around teenage years, the courts will seek their input and take their feelings into account. CAFCASS specialists are trained to communicate with children in a sensitive manner, and if it is appropriate to speak with them, they may not be asked explicitly which parent they prefer to live with, as doing so could make them feel embarrassed and upset either parent.
Children under the age of eleven will be able to speak, but their opinions may not have as much weight in the court’s judgement. As means of identifying the emotions of very young children, child inclusive mediation may be considered. Regardless of the outcome, the primary concern will always be to cause the child as little distress as possible.
A child has the right to select which parent they desire to live with at age 16.
Parental views:
The judge will consider which parent has had primary responsibility for the child’s upbringing, as taking the child from that parent may be traumatic for the child.
A court will want to determine who can devote the most time to the youngster. If possible, it is generally considered more advantageous for a child to be with a parent rather than a babysitter; hence, if one parent can devote more contact time, this may work in their favour. However, if either parent presents a risk to the children, such as through alcohol or substance misuse or aggressive behaviour, the judge is unlikely to grant custody to that parent. If either parent presents a risk to the children, such as through alcohol or substance misuse or aggressive behaviour, the judge is unlikely to grant custody to that parent.
Solent Family Mediation
If you are unable to agree on child access arrangements amicably, mediation should be attempted whenever possible to find a solution that everyone can agree to moving forward.
Typically, mediation will take place online and is guided by the impartial mediator to keep the focus on the problem of child access. The mediator will always consider what is best for the child, and it will be their responsibility to keep personal feelings out of the discussions.
The mediator will attempt to maintain a calm and comfortable environment and may ask to talk with your child. They will only do so if all parties agree and they believe it is necessary to help the case. The mediator will always do the best for the child in child custody cases.
They will consider the perspectives of both parents and will not take a side. The mediator’s role is to assist the parties in reaching a satisfactory agreement on all elements of child care.
There are exceptions to the mediation requirement, such as when social services are engaged or when you are the victim of domestic violence. Otherwise, the courts will expect you to have attended an MIAM prior to your case being accepted for a custody hearing.
Mediation is not free, although those with low incomes may be eligible for legal aid to cover the cost of the MIAM, the cost of mediation sessions for the person with a low income, and if necessary, help with attorneys fees after mediation, in addition the Family Mediation Voucher Scheme is a government-funded initiative designed to make mediation more accessible and affordable for families going through separation or divorce. It offers financial support towards the cost of mediation sessions, helping to reduce the burden on families during a difficult time.
Key features of the Family Mediation Voucher Scheme:
- Eligibility: Families must meet certain eligibility criteria, which typically include being separated or divorcing and having a child under 18.
- Voucher Value: The voucher provides a specific amount of funding towards the cost of mediation sessions.
- Mediation Providers: The voucher can be used with approved mediation providers.
- Application Process: Families can apply for a voucher through a designated organization or online.
Benefits of using the Family Mediation Voucher Scheme:
- Reduced Costs: The voucher helps to offset the cost of mediation, making it more affordable for families.
- Faster Resolution: Mediation can often lead to quicker resolutions compared to traditional court proceedings.
- Reduced Stress: Mediation can be less stressful than going through the court system, as it allows for more collaborative problem-solving.
- Child-Focused: Mediation prioritizes the best interests of the child and can help to minimize the impact of separation on children.
It’s important to note that the specific details of the Family Mediation Voucher Scheme may vary and is subject to removal at any time. To find out more about eligibility criteria, voucher amounts, and approved mediation providers in your area, you can contact your local family court or search online for information.
Call Solent Family Mediation today for more information on how we can help you – 0238 161 1051