10 Things to Consider: When Child Arrangement Mediations Fails?

In some cases, mediation will result in an amicable result. Mediation is necessary. Even in court up till the final hearing. The court would like to see the two parties trying to resolve the matter.

In difficult situations where one party is not willing to cooperate. The courts need to make the final decision.  Before you can go to the courts for a final decision. They do want to see you have tried to resolve this. This generally refers to mediation. Here is a link to National Family Mediation | We Help Families in Conflicthttps://www.nfm.org.uk/. Or https://www.familymediationcouncil.org.uk

When mediation is ineffective. One parent may wish to challenge the other parent. If one parent’s Child Arrangement proposal is not in the interest of the child. It can lead to further disputes. The child’s interest must be pivotal. It must be the primary focus. However, when dealing with a former partner it can difficult. Especially if the relationship did not end amicably.

What we find is Mediation is a chance to discuss possible middle ground. It can be difficult to find the middle ground. Especially when two persons have had an emotional relationship. It is hard to see the obvious or reasonable. This is where a mediator or middle person can be useful.

Do I need a Child Arrangement Order [CAO]?

In some cases, the only solution is a court order. The court becomes an order that must be followed. It would be an offence to not follow the order set out.

Mediation Failed?

In events when Mediation is not working. Then a parent or guardian may apply for Child Arrangement orders generally with a C10 form.

10 Things to Consider when Child Arrangement Mediation Fails?

  1. Did both parties agree to Mediation? This could be a Parent or a Guardian.
  2. What was agreed in Mediation? if anything.
  3. What are the main disagreements?
  4. Will the Child be affected by the disagreements?
  5. Are they reasonable proposals from the other party?
  6. Why was mediation necessary?
  7. Will you be making an application to the court for a Child Arrangement order?
  8. Can a barrister help with the application form [C100]?
  9. Will I need a Lawyer to take to court?
  10. Are you being reasonable? If so, where can you compromise.

The other party did not agree to Mediate, what should I do?

We always suggest. seeking initial legal advice. To asses your position we can arrange a conference.



10 Questions to Consider: Child Arrangement Order Applications?

A clear dispute between two parents. When one parent or both cannot agree. A child arrangement order may consider a child or multiple children. The aim would be to find a middle ground for both parties.

One of the pivotal issues we discover when we speak to our clients tends to be an issue between the parents. It can be difficult. Some clients issues derive from geographical matters. Where one parent may be in a new relationship. They have decided to relocate with the children. Where does this leave the non-resident parent? 

We have had instances where a parent moves to another country.

Where a child is or has become alienated of one parent?

This can impact the children and the parent. We have had instances where a parent has to instruct an independent specialist. This could be a Psychologist who would interview the children and the parents to understand everyone’s position. It can be costly. It can be draining. We have seen the matters go beyond what the client was expecting.

As a parent who wishes to have a reasonable amount of contact with their children. It is hugely impactive on their finances. The cost associated can lead to some parents turning away. What we have discovered the cost become more manageable when they engage the specialist barrister directly. The specialist barrister has the direct benefit of being able to carry out work where needed. Otherwise, the client can take control of their matter.

Where a client has instructed a solicitor they are comforted by the fact a person is available. We can offer a similar service. The specialist barrister can liaise with client’s regularly and as frequently as they choose.

Are there issues of trust between the parents? What about new partners? We have found this be a common issue. When a relationship breaks down and they part ways. It is inevitable one or both will move on to further relationships. This can lead to doubts over trusting the new partner. How do you as a parent deal with this challenge? 

10 Questions to Consider about Child Arrangement Orders

  1. Where do the reasons for not agreeing on Child Arrangements originate from?
  2. Are there geographical concerns? How will you see the children if they move way?
  3. How do I challenge the decision of the resident parent?
  4. Can I choose which school the children attend?
  5. How can I get more involved in the decisions that affect the children?
  6. Will I be able to see my children over the holidays?
  7. Can I disagree with the resident parent about the children relationship with their new partner?
  8. How do I prove the children have been alienated against me?
  9. Can I instruct a specialist to asses the children for me?
  10. How much will a child arrangement order cost?

A specialist barrister can provide you with guidance on these matters. Majority of these concerns can be assessed by a barrister. It is difficult but managing the cost can make a difference. After an initial conference with a barrister, you will be in a position to understand. You can understand what the process will involve. This can give you an insight into the possible cost.

10 things to consider when negotiating? Can a barrister negotiate for me?

IJzeren Rijn / Iron Rhine

Be it, Father and Mother. Mum or Dad. Company versus Company. Man versus Company. People in dispute sometimes need to find the middle ground. It can be difficult. We find the most difficult situations require a calm and collective mind to provide the platform negotiating. In some case, barristers are instructed to represent a person/s or companies. In turn, they are attempting to find the best outcome for their client, in some or most cases this may be the middle ground. The middle ground may arise from employing a diplomatic process. The idea is to gage both parties whilst remaining focused on the best outcome for their client.

Top Ten Things to consider when negotiating:

  1. Consider your dispute, in light of value and loss?
  2. Asses the value of the matter?
  3. What would be the worst possible outcome?
  4. Where are you willing to allow room for movement?
  5. Have I/We been reasonable?
  6. Can I/We afford to take this court?
  7. WIll the courts agree with your case?
  8. Is your case strong?
  9. What is the middle ground?
  10. Who can represent my interest and negotiate the best outcome?

Can a barrister negotiate for me?

A barrister can negotiate on your behalf. Be it, in the courtroom or prior to court. The entire system is subsequent to finding a solution. If both parties do not come to a solution the court will find one. Where one party or both parties are reluctant to find a middle ground or a peaceful solution. Seeking legal advice at this stage can provide substantial advantages. The misconception a barrister can only represent your interest court is a myth. When the ever growing the ability of a barrister. A barrister can draft letters, directly communicate with other parties and arrange a meeting to provide guidance in the midst of a dispute.

With Barristers being independent and trained to remain independent. This a huge benefit. Where the process of the court may attract a considerable cost. Initial advice with a barrister, with subsequent correspondence, may lead to a halt in aggressive or intolerable actions by another party.

In cases of child arrangements or divorce matters. The solution may be difficult. Ultimately the underlying issues may arise from trust and emotional conflicts. This is where a barrister who may be instructed directly will be able to represent you and provide you with independent advice. It is common for mothers and fathers or husbands and wives to be clouded by these issues of trust and emotional conflict.

Negotiating (Burma)




Image Credits:

Bert Kaufmann

Greg Walters

Jos Dielis