When a relationship comes to an end, an unfortunate but necessary consideration must be who the children live with and spend time with. Court intervention may be needed to iron out any private agreements that are made, or to enforce agreements that have been previously established. Here at Morecrofts we have many family solicitors who can assist in private child arrangements, but there are preliminary steps that need to be taken before you can go to Court.
Attempts at reaching agreement
We can provide advice based on what you want to achieve and can seek agreement with your ex partner by writing to them. if they do not respond or are not in agreement with your proposals then consideration can be given to making an application to Court. First mediation must be considered.
What is mediation?
An attempt must be made at mediation before a Court application is made and the first step is called a MIAM appointment (subject to any exemptions detailed below).
A MIAM is a short meeting that provides information about mediation as a way of resolving disputes and is conducted by a trained mediator who will assess whether mediation is appropriate in the circumstances and mediation can be a platform for constructive dialogue between parties.
Should the other party not engage, however, then you will be able to obtain a certificate from the mediator which shows that you have attempted to complete the process.
There are exceptions for attending a MIAM appointment which includes:
- When there has been domestic abuse in the relationship
- when there are child protection concerns and the child is subject to a s47 investigation or under a child protection plan
- when the matter is urgent for example due to risk of harm, miscarriage of justice or removal of the child as well as a number of other scenarios listed
- MIAM attendance within the previous 4 months
- Insufficient details for the respondent to allow an invitation to be sent
Whilst we do not offer mediation as a service at Morecrofts we can assist with a referral and can also provide advice in relation to the process if you are accessing legally aided mediation.
How can I get funding?
The existence of domestic abuse is also relevant in determining whether legal aid can be obtained to allow funding in any child arrangements proceedings.
Domestic violence is not merely physical abuse; it encompasses a wide range of behaviour from emotional abuse, coercive and controlling behaviour, or financial abuse. Evidence of this, or alternatively, evidence of child protection concerns can be relied upon to secure legal aid. The legal aid agency has strict guidelines as to the evidence that is accepted and we can discuss that with you to make sure that you can get what you need.
Additionally, a means assessment will need to be undertaken looking at both capital and income. Again, there are strict guidelines that we have to apply when carrying out the means assessment which we can take you through. There is also an online eligibility calculator that you can use yourself if you wish to explore whether you might be entitled to receive public funding.
For more information, we have a large team of paralegals who will be more than happy to help you on 0151 236 8871.
If you are not eligible to receive public funding (legal aid) then we can discuss our private charging rates with you.
Who can represent me?
Once you have discussed your case with us and we have allocated you to one of our team of solicitors, we will represent you throughout your case and endeavour to achieve the best outcome for you and your children. We will make the relevant applications to the court and advocate on your behalf at hearings. Our offices in Liverpool, the Wirral, Allerton, Crosby and Prescot all have experienced solicitors who engage in child arrangements work.
To find out more about more about how we can help you, visit our children law solicitors page here.