Children of separating parents face enormous anxiety and change. Their lives are significantly disrupted and it is important to minimize the impact of separation. The primary focus when deciding on appropriate parenting arrangements should be the children’s needs. It is the right of the children to have a significant and regular relationship with both of their parents when this is in their best interests.

“It is the right of the children to have a significant and regular relationship with both of their parents when this is in their best interests.”

For those parents who are having difficulty reaching an agreement between themselves, there is a legal requirement to at least attempt to resolve your differences via mediation. Mediation can occur with or without lawyers present depending on whether each parent feels they will require advice during the process.  Kaberry Family Law Solicitors have extensive experience assisting parties during the mediation process.

If the mediation results in an agreement, then it is a solicitor who will be called upon to prepare parenting Orders reflecting what has been agreed upon. If mediation fails to resolve the issues regarding parenting matters or if one party refuses to participate in mediation, then the mediator will issue a certificate entitling the parties to commence court proceedings. In this instance the Court will then determine the parenting arrangements. Court proceedings should be called upon as a last resort except in instances of emergency.

Before commencing the mediation process regarding children’s matters, it is important to seek independent legal advice from a lawyer experienced in Family Law. The advice should not only cover the legal aspects of your situation but also what the process involves and an assessment as to which process will best suit your individual situation.