Children and Divorce
I picked up on some very disturbing news in The Times today, which follows a report commissioned by Family Lawyers at Mishcon de Reya. According to the report a third of children lose touch with their parents following a divorce, normally the father. Of course you should seek legal advice when either considering or entering into a divorce situation but it seems that often children are used by embittered parents to ‘twist the knife’ after a marital break-up. Courts have a backlog of cases involving parental disputes over child access, in spite of the common knowledge that this is very unsettling for children.
Sandra Davis, head of the family division at Mishcon de Reya lawyers and court time is being engulfed by hearings involving such crucial matters as what time a child is picked up from School. Ms Davis quite rightly points out that ‘Litigation should be the last, not the first, resort for resolution’.
It seems a sad state of affairs (no pun intended) that bitter emotions should overflow into a courtroom and strain an already choked system.
At LawyerPronto we do not give legal advice but it seems that general advice amongst lawyers is that parents should try to resolve differences through seeking a mediation specialist before considering a courtroom brawl over possession of a child, particularly as no parent has the right to possess a child.
At the end of the day even a court order can hold very little value. The Times cites the example of a father who this month went before a Judge complaining that he had been trying to gain access to his daughter for the past eight years. Despite courts ruling that he should have contact the mother ‘failed to comply’ and yet has to date not faced prosecution for such breach of a court order.
So it seems that a certain amount of maturity is needed and Mediation is the most sensible option. Of course it is every parents right to have contact with their children so if all else fails it is wise to seek legal advice and fight for that right.
Many psychologists support the belief that a child’s adulthood could be seriously affected by feelings of insecurity and rejection if abandoned by a parent so it’s best to stick it out and find a lawyer to help mediate or give advice on formal legal proceedings.
