By Nicki Mitchell, Mediator and Collaborative Family Lawyer

As a niche family law firm committed to helping separating couples find solutions that avoid going to Court, we welcome the Government’s latest financial support for publicly funded family mediation.

The £800k cash boost – part of a £1m voucher scheme launched in March – will give 2,000 more families vouchers of up to £500 for mediation which can avoid a costly, contentious and lengthy Court dispute.  

Those eligible are looking to resolve private law or financial matters relating to children such as child arrangement orders or financial disputes.

Here’s how mediation works – and its wide-ranging benefits:  

Irrespective of whether I qualify for the scheme, why should I consider mediation?

Mediation can help separating couples find a way forward in a constructive and positive manner which prioritises the well being of children and helps the long-term interests of those involved in the break up. 

What’s the difference between litigation and mediation?

Going to court (litigation) can be confrontational, expensive and, potentially, public. It can sometimes take over a year and the Covid-19 pandemic has made the process even longer. 

If you can’t agree, a judge, who doesn’t know you, your spouse or your children, decides how your financial assets will be divided and/or how much time you will spend with your children. Their decision is legally binding.

In mediation, a qualified Mediator like me can help you to discuss issues confidentially and find workable agreements more quickly and cost effectively.  

Both of you sign an ‘Agreement to Mediate’ so negotiations can continue on a ‘without prejudice’ basis.  

What are the benefits of mediation? 

Mediation gives you control over your divorce – you don’t have a judge making critical decisions about your finances and children.

Saving you time and money, it can be completed in several meetings over a few months or, in some case, weeks.     

As a more impartial, considered and confidential approach, mediation can also lessen the emotional impact of separation and divorce on children.

Which divorce scenarios are best suited to mediation?

Most situations, including the most financially complex.

Are there cases where mediation is not appropriate?

Yes, usually in cases of domestic abuse.  

What is a successful outcome? 

Reaching agreed arrangements which can be approved on paper by a Judge and made legally binding.  Along with speed and cost, mediation helps to minimise the damaging fallout from a separation, enabling both parties and their children to move forward.  

Jones Myers expert mediators can assist you in this non-confrontational option which keeps communication channels open for many divorcing couples.

To find out if you qualify for the Family Mediation Voucher Scheme, visit  Family Mediation Voucher Scheme – GOV.UK (www.gov.uk)

For more information on mediation or other family law issues, call our Leeds office 0113 246 0055, our Harrogate office 01423 276104, or our York office on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Jones Myers Solicitor, Lisa Russell

Following a year like no other, many separated parents have extra concerns and questions about the arrangements for their children during the festive period due to the Government’s Covid-19 restrictions.

In what can in normal circumstances be a difficult and emotional time of year, separated parents are also having to navigate further rules – which are constantly changing – and which will influence how families can spend time together during the holiday period.

Following a change in restrictions on 19th December 2020, those living in the new four areas in England can now only celebrate Christmas with members of their own household and support bubble. They cannot travel to other tiers to spend time with family and friends. 

For people in tiers 1,2 and 3, a Christmas bubble can continue to be formed. However, this is now restricted to allow up to three households to meet on Christmas Day only. Christmas bubbles are no longer permitted between 23^rd and 27^th December. Family and friends in Tier 4 cannot be included in the Christmas bubbles of those living in the lower tiers.

It is recommended that everyone stays local and avoid travelling from a lower to a higher prevalence area. Importantly overnight stays are prohibited and therefore this in Christmas bubbles can spend time with each other during the day only.

If you are in an existing support bubble with someone who lives in a Tier 4 area, you can see each other on Christmas Day. If you choose to do so, you must not join a Christmas bubble with anyone else.

As with the earlier lockdown, children under the age of 18 can move between the homes of separated parents and their respective “Christmas Bubbles”.  Nobody else should be in two bubbles.

If one or both parents live in a Tier 4 area, children may continue to move between their parents’ houses, but neither household is permitted to join a Christmas bubble with others.

Here are our tips for managing your arrangements:

1. Plan Now – the earlier communications begin the better. Discussing the arrangements for Christmas early will allow time for consideration of each other’s expectations and plans and, importantly, compromise if there is no immediate agreement.
2. Remain Child-Focused – Like all children, mine have also experienced an extremely unusual and unsettling year. Unable to attend their normal nursery, school, alternative child care provision and extracurricular activities; they have also been prevented from socialising with peers, family members and enjoying the freedoms and experiences which childhood should bring. Most children will no doubt have experienced confusion, worry and anxiety at one time or another during this pandemic.  Listen to your children’s views. It is important to remember that Christmas celebrations do not have to take place on Christmas Day to be special and exciting for our children. The magic of Christmas can happen twice!  Now, more than ever, your children need to feel secure and loved and not bear responsibility for choosing between their parents and, in turn, their wider families.
3. Keep up to Date with & Remember the Rules – Depending upon which tier you live in, there is now just Christmas day when your children may have an opportunity to see their wider families which could include siblings, cousins, grandparents and other extended family members. It is therefore important to think flexibly and acknowledge that arrangements which worked previously may not this year for a number of reasons. They include how the ‘normal’ division of time may not allow for both parents to spend time with the children during this one-day window taking into account the new tier system. For families where a separated parent wishes to travel abroad with children there are additional considerations. With travel restrictions changing daily, consult Government travel guidelines and be aware that the parent will need to ensure that all Covid-19 rules and precautions are followed including the need for quarantine and regarding any risk factors at the intended destination. The consent of the other parent who has Parental Responsibility must be obtained. If it is not given an Order from the Court granting permission to travel with the children is required. Bear in mind the Court system is currently under considerable pressure and it may not be possible for an immediate hearing – therefore the earlier the agreement or disagreement is established the better.
4. Have a Plan B – agree a contingency plan to avoid anxiety and disagreement at the last minute if original plans are not possible.
5. Seek Legal Advice – if you require legal advice in respect of the arrangements for your children during the festive period or otherwise please do not hesitate to get in touch. We offer 30 minute free consultations by telephone or video call.

For more information contact us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904  202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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The second lockdown and increased restrictions have understandably raised anxiety levels even more for those embroiled in relationship breakdowns.  

We wanted to reassure our existing and potential clients that Jones Myers is continuing to offer face-to-face meetings (in line with government guidance) – in circumstances that cannot be dealt with remotely.

As a niche family law firm we empathise with the stress and trauma associated with such a difficult period. This is why we always do our best to accommodate our clients while ensuring effective social distancing protocols.

Our offices in Leeds, Harrogate and York will remain open throughout the national lockdown – and beyond – should it be extended.      

With courts only open for urgent cases, our remote working capabilities also see us conduct court hearings and confidential consultations so our clients’ cases can be heard and processed effectively and in timely manner.

We understand that support networks are more vital than ever and our long-standing partnerships with professionals give clients access to counsellors, therapists and information on matters such as tax advice.

Key issues we are contacted about include:   

Children Arrangements 

Clients’ concerns centre on co-parenting and child arrangements and maintenance and financial issues – particularly with ongoing job losses. We encourage estranged couples to keep talking, helping them achieve the best solution for their individual situation.  

Seeking to ensure children’s interests always come first; our Children’s Department also assists parents with concerns over the safety of children during the lockdown.

Dividing Assets   

Couples who have split up – or who are about to separate – are unsure over when is the best time to divide their assets on divorce (without going to court). Our specialist lawyers have extensive expertise in this area. 

Avoiding Court    

The prolonged court delays see us assisting even more clients through processes which avoid this route.  

Mediation – an impartial third party “the mediator” helps couples to discuss issues confidentially and find workable agreements more quickly and cost effectively than the court process or in solicitors’ correspondence. In the current climate, online mediation can be available.

Collaborative Law – a “no court” agreement signed at the beginning of the process ensures a shared commitment to finding an agreed resolution. Couples can reach an agreement calmly and in their own time. It can be of particular benefit in higher value or complex children situations.

In family Arbitration couples appoint an arbitrator who makes decisions for them and enables them to resolve disputes in a more flexible and less formal setting. They also have the same Arbitrator through the process which will not happen at Court with Judges.

We are also adept at assisting clients if a court hearing is inevitable.

Our capability, expertise and commitment will provide urgent legal advice and support though the challenging days, weeks and months ahead to those who most need it.    

For advice on divorce or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

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By Jones Myers solicitor, Lilly Grant

The second UK lockdown – which has been underway since 5^th November – has understandably left many separated parents concerned over how it affects arrangements for seeing their children.

The guidance for this phase remains the same as that issued during the early stages of the Covid-19 pandemic. It enables children under the age of 18 to move between their parents’ homes and continue to visit parents they do not live with – providing both households are healthy and children are not put at risk.

However it is vital that parents understand that, although child contact arrangements can continue during lockdown, it does not mean that children must be moved between homes.

Back in March the President of the Family Division and Head of Family Justice, RT Hon Sir Andrew McFarlane, stressed how decisions made during the pandemic should always be in children’s best interests.

He said “It is for the child’s parents to make after a sensible assessment of the circumstances, including the child’s present health, the risk of infection and the presence of any recognised vulnerable individuals in one household or the other.”

A spirit of mutual cooperation between estranged parents is critical for the wellbeing of children who may suffer from increased anxiety and uncertainty in the current climate which can affect their behaviour. 

Separated parents are urged to adopt a spirit of mutual co-operation and communicate regularly to consider how contact arrangements, including Child Arrangement Orders, can be facilitated safely to ensure their children’s wellbeing.  

We also understand there are situations where effective communication is not so straightforward.  Managing separation is challenging at the best of times – and times have certainly been better. 

There is a lot of evidence that children can thrive in separated families.  What is damaging for them is being exposed to conflict between their parents.

Mediation, where an impartial professional supports a conversation between parents, can really help to work out suitable arrangements, whilst minimising the risk of children being “caught in the crossfire”.

Jones Myers highly committed Children’s Department and family law teams are working at full strength throughout the epidemic and reacting quickly to provide urgent legal advice whenever needed.

We advise and support our clients – balancing the needs of children and their parents – in issues including residence and contact disputes, care proceedings, international child abduction and adoption.

If you have any comments, queries or concerns on children, divorce or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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