It is only where there is a dispute that the role of the Court is invoked and a Court application is a step of last resort.
Our focus will be to assist you to try and resolve the issue by negotiation and by the use of Mediation. It is only where such resolution is impossible that the Court would become involved. Either party may make an application and the Court will be required to determine what Order, if any, is in your child’s best interests.
The issues commonly in dispute centre around regulating arrangements relating to the following:-
Many of the disputes in which we are routinely instructed to advise and assist involve a dispute about the role that the parent should be playing in the life of the child; should he or she be able to share in decision making about such matters as a choice of school or upbringing, be able to exercise parental rights (Parental Responsibility); should the child or children live with the Applicant and if not what if any contact between the Applicant and child/children should there be? What if a parent with whom the child or children lives intends to emigrate in the absence of the consent of the other parent?
Not only are we instructed in relation to routine contact and residence disputes, but more complex issues involving questions about geographical relocation internally within the jurisdiction and internationally. Disputes of this nature frequently require an application of an urgent nature to the Court to prevent the child’s removal and a dispute of this nature commonly involves questions about how relocation will diminish the non-caring parent’s relationship with the child and whether this can be justified as being in the child’s best interests.
We are regularly instructed and asked to advise on a whole range of children issues and we are experienced in disputes of this nature.
Disputes over children are common when parties separate and our approach is designed to try to facilitate and encourage the resolution of disputes outside of the Court system and where not possible swift resolution of the dispute through the Court system.
The court procedure places an emphasis on out of Court resolution requiring the parties first of all to engage in a Mediation Information and Assessment meeting (MIAM).
As a trained Mediator and Collaborative Lawyer and also in his capacity as a Deputy District Judge, Chris Revitt has vast experience in negotiating both out of Court arrangements as well as dealing with applications through the Court process.
This is an essentially pragmatic process and you can be confident we are providing you with sound advice and representation, providing you with practical solutions for the problems faced by you as separating families.
This firm is regulated by the Solicitors Regulation Authority No. 612241 (Sheffield) & 612666 (Hathersage)
Favell Smith & Lawson is a trading name of Favell Smith & Lawson Limited.
Registered in England No. 8854289.
VAT No.: 172 5631 65