Are there other ways in which we can try and agree arrangements?
As above, Court proceedings can be costly, time consuming and stressful. Court should be considered a matter of last resort, and it is almost always preferable for parents to explore other avenues for resolution before jumping into a Court application.
Some alternatives to consider are as follows:
Agreement between parents – parents can come to an agreement on their own about arrangements for their child, through direct discussions. This approach requires effective communication, cooperation and possibly compromise, but is undoubtedly a cheaper and potentially quicker way of resolving matters.
Negotiation through solicitors – in the alternative, if parents’ need some additional support, they can both engage solicitors to negotiate arrangements on their behalf.
Parenting plans – parents can create a written parenting plan outlining agreed arrangements for their child. Although parenting plans are not legally binding they can provide clarity and structure for both the parents and the child as to arrangements.
Mediation – mediation involves a neutral third party (known as a mediator) facilitating discussions and negotiation between parents in order to resolve disputes. Mediators do not make decisions for the parents, but will assist them in communicating with one another to reach a mutually acceptable agreement.
Early Neutral Evaluation – in early neutral evaluation, an independent evaluator, who is often an experienced family law solicitor or barrister, provides an assessment of the likely outcome if the case were to go to Court. This can assist parents in reaching an agreement by giving them a realistic indication of the likely outcome of the case.
Arbitration – Arbitration involves appointing an independent, experienced arbitrator (often a part-time family court judge, barrister or experienced solicitor) to make a binding decision on the child arrangements after hearing both parents’ positions. This process is more formal than mediation but generally faster and more flexible than going to court as the parents have control as to who to appoint as the arbitrator, where the arbitration takes place and when.
Every family is different, and different modes of resolution will be suitable in different circumstances.
Our family law solicitors offer an initial free consultation, which you can book by emailing us at family@mincoffs.co.uk, or call our expert team on 0191 281 6151 today.
