Deciding on a new school can be an especially arduous process at times but it can be even more so when trying to come to an agreement with an ex partner.

So what does ‘parental responsibility’ entail by law and how can separated parents deal with disagreements over schooling?

Parental Responsibility

Even after separation or divorce, parental responsibility involves many things such as medical treatment and choice of religion. Italso includes making decisions about your child’s education.

Legally, parental responsibility automatically lies with the birth mother and the father has parental responsibility if he is married to the mother when the child is born. In the case of unmarried parents, if the father is registered on the child’s birth certificate as their father (after 2003) parental responsibility can be acquired. The father can also attain parental responsibility by entering into a parental responsibility agreement with the mother or applying for a Court order.

Only under rare and extreme circumstances is it deemed in the child’s best interests for parental responsibility to be taken away from a parent. So parents are expected to discuss and come to agreements about important decisions relating to their child’s education. But this doesn’t always happen. They simply may not agree or unilateral decisions are being made without consulting the other parent. 

In this case, what are the options?

Mediation

Mediation may be an option if the case is not time sensitive and can be very helpful. This would be with a trained, independent third party mediator. They will assist in encouraging open and productive communication between the parents to be able to come to an amicable decision. They may even talk to the child to assist in this process, depending on their age.

However, at times mediation may not be effective in which case a Specific Issue Order or a Prohibited Steps Order are options.Both require that the parents try mediation prior to applying for these Court orders. 

Court Orders

A Specific Issue Order is for dealing with a specific matter concerning the child, such as what school the child should go to.

A Prohibited Steps Order is to stop the other parent exercising their parental responsibility unilaterally, such as taking the child out of school or threatening to do so.

The Court’s main concern with these cases is what is going to be in the best interests of the child, so a range of factors will be considered such as the effects of the change, any harm they may suffer and how capable the parents are of meeting the child’s needs.

This will also include the child’s:

• feelings and wishes

• physical, emotional and educational needs

• age, sex and background

And of course, parent’s need to have these considerations in mind as well as many others such as the location of the school and how that affects logistics of child arrangements, the financial impact of changing schools.

So yes, it can be a complicated process. However, it can be helpful to know there are options and help available. To speak to a divorce professional can put your mind at rest and Sara and the team are always on hand to chat through options with you.

The post Having Disputes With Your Ex About Schooling? appeared first on Ludlow Lane.

Well, you should probably do the same. Things have gotten serious and you will need the help of an expert to resolve issues.

This is just one of the many ways family lawyers can help.

Family lawyers can help to settle family conflicts without necessarily taking matters to court. They are a great buffer too, acting as mediators in resolving legal arguments and disputes among family members.

Family Law covers a wide range of aspects. Let’s find out more about what it is and what areas it serves.

What is Family Law and what does it cover?

Family Law can be broken down into three main areas of law, namely: matrimonial, finance and child law. These can be specialised in but some lawyers choose to have a mixed client base.

Family Law involves a focus on issues with regards to family relationships such as marriage, adoption, divorce, child arrangements.The most common reasons the help of a family law solicitor is enlisted is for divorce, child arrangements/child support, paternity, adoption/foster care.

But family law solicitors can also assist in cases of domesticviolence, guardianship, child abuse and neglect, emancipation and reproductive rights as well as:

• Drafting important legal documents such as court petitions or property agreements

• Representing clients in family court proceedings or in negotiations related to these matters

• Inheritance law, retirements and pensions

Different Countries Different Laws

To add to the broad scope of expertise, a family lawyer practicing in the UK also needs to take into consideration the differing laws in Scotland, the Republic of Ireland, and England and Wales. 

For example, although the Republic of Ireland has a similar procedure to England’s “no-fault” basis, a divorce will not be granted in Ireland unless the finances of the marriage are addressed at the same time. “Proper provision” needs to be made for the spouses and any dependent children of the marriage.

Apart from needing to keep up with all updates to the law, family law solicitors need to have specific skills.

Qualities a Family Lawyer needs

Because of the sensitive nature of the areas in which family law solicitors operate, they need to master a specific mix of skills or qualities such as:

• Effective Communication

It is easy to get bogged down by too much legal jargon which is why it is vital for family lawyers to communicate clearly. It may be necessary for them to break certain concepts down, repeat things and communicate at a slower pace to ensure everything is understood by the client. The lawyer should also make the client feel at ease about asking questions at any point.

• Outside the Box Thinking

Cases of child support, child arrangements and divorce can become complex which is why it’s essential for family lawyers to be able to come up with creative solutions to their client’s problems.

• Dedication

Matters such as divorces can drag on for weeks or months. Such is the nature of Family law issues, which is why family law solicitors need to be dedicated to serving the legal needs of their clients. Right to the, hopefully not, bitter end!

• Professionalism

While it is necessary for family lawyers to show empathy for their clients, it is also just as important for them to remain professional above all else. If a lawyer becomes too emotionally affected they can risk making decisions that will not be in the best interests of their clients.

All of that said, have you taken all of the above into account and wondering whether we can help with your specific case? Feel free to get in touch.

The post How to choose the best family lawyer and what they do? appeared first on Ludlow Lane.