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Advice from Holbeach solicitors on mediation before a family court application

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In their weekly column, Mossop & Bowser solicitors discuss mediation before family court applications.

Mediation is now compulsory prior to any Family Court application (except those involving domestic violence, emergency family applications or divorce proceedings). Consequently, mediation must be attended by the person seeking to issue a Court application in relation to all of the following:

  • Applications for a Financial Order for divorcing couples including couples of same sex marriages or on dissolution of Civil Partnerships.
  • Applications for a Financial Order for a child.
  • Applications for a “Child Arrangements Order” which includes the following:

a) Contact with a child

b) Parental responsibility

c) Residence (custody)

d) Specific issues – including which school a child should attend, whether a child should be vaccinated or have a medical operation, etc.

e) Prohibited steps – where a parent can be prevented from taking an action such as removing a child from the jurisdiction, attending a particular place or introducing a child to a certain person, etc.

Mediation is a process whereby two people in a family relationship meet with a trained mediator to discuss their concerns and to try to reach agreement. The mediator’s role is to assist the parties to listen to each other’s points of view, concerns and aims, and to help them to reach an agreement, which can then be discussed with the parties respective solicitors so that they have the benefit of legal advice before it is incorporated into a Consent Order.

If you have queries regarding mediation in relation to family law please contact Nick Robertshaw, family solicitor at Mossop & Bowser, on 01406-422651.

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