When two parents separate, emotions can run very high. It may be difficult for them to look at the entire situation logically, and this can often lead to disagreements and ongoing disputes. Yet both adults will need to look at the situation in the cold light of day, no matter how strongly they feel about their position as, after all, the court will always put the needs of the children first. What is the first thing that you should do, therefore, if you are unfortunate enough to be in this position right now?

First Things First

Before any court intervenes, the law dictates that the parents need to engage in a formal mediation process. If they have been unable to separate their differences and agree on what is best for the children, they will need to discuss the entire matter in front of an accredited mediator.

Ideal Scenario

Ideally, both of the adults should agree on how to split time so the children spend a reasonable amount of time with each parent (and sometimes grandparents or other relatives as well). They will need to discuss what will happen before and after school and during holidays and come up with a plan to deal with everyday life, health care and finances. Much will depend on the age of the children, of course, but it is important to establish a routine that can help the kids lead as normal a life as possible going forward.

Mediation Process

The trained mediator will help both parties to focus on all of these issues and try to put their differences aside until they come to a conclusion. This process is mandatory in the majority of situations, and the court likely will not hear any divorce proceedings until they are happy with the mediation process.

Section 601

Still, a mediator can only do so much, and if the process is unsuccessful or one party should refuse to proceed, then they will write up a report known as a 'section 601'. The parties can then submit this report to the court for further consideration.

Unusual Circumstances

Note, that if there is any evidence of domestic violence and any worry about the welfare of the children, a court does have the ability to act. They can override the mediation and proceed directly, but you will need to talk through your situation with the administrators for further advice.

Individual Advice

In fact, it is always best to bring in a solicitor to help you in such a conflict anyway. They will help you streamline the process as much as possible so you can take care of the children and move on with your life.

To learn more, contact a resource like a family law solicitor.

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