What happens when I cannot reach an agreement with my ex about the children?

When it comes to all legal matters, legal issues involving children are the cases we see the most. At the heart of every case are parents who need support in agreeing on the best course of action for their family. We provide step-by-step support to you, to ensure the right outcome is reached, with the children’s best interests always coming first. This is why every member of our team at Higgins Miller is incredibly humbled to possess the title of expert child law solicitors

Our team’s expertise ranges from divorce, family separations, residency and custody issues and circumstances where contact and access rights to children are debated within the legal courts. No matter what your situation is, we promise we can help. You’re never alone and we want to assure you we will have assisted a family in a similar situation, if not the same, many times previously.

Our first words of advice when communicating with an ex

Before delving into the minefield that is the legal system, our team will always suggest calmly talking together, through mediation. Mediation is always a suitable option if talking one-on-one hasn’t successfully worked and you are both struggling to agree or talk civilly. The need for legal advice, such as involving a family law solicitor is recommended once mediation has been tried and sadly failed. It is recommended as a step forward when both parents cannot begin to resolve the issue without legal involvement.

We hope we aren’t required when aiming to reach an agreement with an ex-partner about your children, but please be assured we are here if and when you need us.

Family mediation – what is it?

At Higgins Miller, we are specially trained mediators within the field of Child Disputes and can offer you independent, professional advice to help you work out arrangements for children, finances and all other aspects of a separation involving children.

As part of family mediation, we can offer practical and specialist advice to all parents, to achieve the best outcome for both the children and adults alike.

We strongly believe that there are no fixed rules about what arrangements are right, as every family situation is unique. We listen to the details of your situation and can then advise you on appropriate types of arrangements that a court might impose if a judge was asked to decide.

The power of negotiation

We strive to help you effectively negotiate arrangements with the other parent, whether that is best suited to face-to-face between yourselves or through mediation (post-negotiation). Where necessary, we can negotiate arrangements on your behalf. In some cases where issues cannot be resolved by agreement or compromise court proceedings may be necessary. We can support and represent you through those proceedings, as they can feel overwhelming and frightening, especially if this is your first experience.

As mentioned in our previous articles, all of our solicitors are members of Resolution so you can be assured you will only receive the best, most honest, informed advice. We also have experts who are members of the Law Society’s specialist-accredited Children Panel.

A Child Arrangements Order

We wanted to start by explaining what a child arrangements order is, as we appreciate it can sound a little scary! You may have heard this being referred to as a contact or residence order.

A Child Arrangements Order  decides crucial aspects of your child’s life, such as –

  • Where they live
  • When your child spends time with each parent
  • When and what types of contact take place, such as telephone calls

The court will decide these factors, based on the child’s best interests and welfare. These will remain the court’s priority throughout the proceeding.

In order to apply for a Child Arrangement Order, you must possess ‘Parental Responsibility’

Understanding your rights

When it comes to your rights, parental responsibility can prove significantly important. Whether you currently have parental responsibility, are unsure whether you have or haven’t, or wish to apply for parental responsibility, it’s always in your best interest to seek support and be informed legally and thoroughly. Depending on your connection to the child and whether or not you have the mother’s agreement, your next steps may vary.

Our final word of support for Child Dispute cases

If you, or somebody you know requires any further advice or support when it comes to child dispute cases, please don’t hesitate to contact us today. Your enquiry will be treated with total confidentiality and we will only ever offer clear, impartial legal advice.

Finances – an honest and open discussion

Especially during the ongoing cost of living crisis, we want to safeguard your finances as much as we can. Here at Higgins Miller Solicitors  we are pleased to offer your first 1 hour appointment with a specialist family solicitor at a fixed fee of £120 + VAT.

Should you wish to proceed with your legal matter, you will be advised of our hourly rates and any potential court costs. Our transparent costing system will always mean you have total knowledge of any potential fees, so you’re left knowledgeable and worry free. We promise no scary legal bills!

Depending on your situation, we are also in a fortunate position to work with the Legal Aid Agency so for those cases where legal aid is available, we are able to offer legal aid. This is something we can discuss with you on an individual case basis.

We look forward to helping you with any family dispute legal matter, whenever you may need us.

Kaley W

April 5, 2024

Children Disputes