Posts tagged with: #Family Law

Understanding Your Divorce Entitlements: How Family Mediation Can Help You Achieve a Fair Settlement

Divorce is never an easy process, and one of the most challenging aspects can be understanding what you’re entitled to when it comes to finances and assets. Many people enter into divorce proceedings with preconceived notions of what they should receive, only to find that the reality is quite different.

This blog will guide you through the key considerations in determining financial entitlements during a divorce and explain how family mediation can facilitate a smoother, more amicable resolution.

The Myth of the 50/50 Split

A common misconception is that divorcing couples are automatically entitled to a 50/50 split of all assets. While this might be the starting point for many negotiations, the final outcome often deviates from this simple division. UK law prioritises a fair and equitable distribution of assets, which means that the needs and circumstances of both parties – and any children involved – are carefully considered. Family mediation can play a crucial role here by helping couples reach a mutually agreeable settlement without the need for protracted court battles.

Factors Influencing Financial Entitlements

1. The Welfare of Any Children

  • The needs of any children from the marriage are paramount. This could mean ensuring that the primary caregiver has adequate housing and resources to provide for the children. Through family mediation, parents can collaboratively decide on arrangements that best support their children, making the process less adversarial and more focused on the children’s well-being.

2. Income and Earning Capacity

  • Both your current and future earning capacities are important factors. If one spouse has a significantly higher income or greater potential for future earnings, the other may be entitled to a larger share of the assets or ongoing financial support (maintenance) to balance the disparity. Mediation offers a platform for both parties to discuss their financial futures openly, enabling a fairer agreement that considers the unique circumstances of both individuals.

3. Contributions to the Marriage

  • Contributions aren’t limited to financial ones. Non-monetary contributions, such as raising children and managing the household, are also recognised. The court aims to acknowledge the value of these contributions, which might result in a more favourable settlement for the non-earning or lower-earning spouse. Through mediation, couples can ensure that these contributions are fully acknowledged and respected in their financial settlement, promoting a sense of fairness and mutual respect.

4. The Length of the Marriage

  • The length of the marriage can impact the division of assets. Generally, the longer the marriage, the more likely it is that the assets will be split evenly. However, in shorter marriages, especially those without children, the court might aim to return each party to their pre-marriage financial status. Family mediation can help tailor the financial settlement to reflect the unique aspects of your marriage, considering both the length of the relationship and the individual circumstances involved.

5. Standard of Living

  • The standard of living enjoyed during the marriage is another key consideration. The aim is to allow both parties to continue a lifestyle similar to that which they enjoyed while married, within the bounds of what is financially feasible. Mediation enables couples to discuss their expectations and aspirations for their post-divorce lives, facilitating a settlement that reflects the lifestyle both parties wish to maintain.
Picture showing people assessing financial paperwork

Types of Financial Orders

When determining financial entitlements, the court can make several types of financial orders. However, mediation can often help couples reach agreements on these issues without needing a court order, making the process quicker, less costly, and more cooperative.

1. Property Adjustment Orders

  • These orders involve the transfer or sale of property, with proceeds being divided between the parties. The court might order the family home to be sold and the proceeds shared, or it may transfer ownership to one spouse, particularly where children are involved. Mediation allows couples to explore various options regarding the family home, potentially reaching a solution that avoids the emotional strain of selling the property.

2. Lump Sum Orders

  • One party may be required to pay a lump sum to the other. This could be to balance out the division of assets, particularly if one spouse retains the family home. Through mediation, couples can negotiate lump sum payments in a way that feels fair and manageable to both parties, rather than relying on a court-imposed decision.

3. Spousal Maintenance

  • Spousal maintenance (or alimony) is financial support paid by one spouse to the other after divorce. This is more likely where there is a significant income disparity or where one spouse has been out of the workforce for a significant period, for example, due to child-rearing responsibilities. Mediation provides a space for discussing spousal maintenance openly, helping to ensure that both parties’ needs are met without fostering resentment or conflict.

4. Pension Sharing Orders

  • Pensions are often one of the most valuable assets in a marriage. A pension sharing order allows for one spouse’s pension to be split, shared, and transferred into the other’s name or for a lump sum to be paid from the pension pot. Mediation can help demystify the complexities of pension sharing, allowing both parties to reach an agreement that secures their financial future.

Prenuptial Agreements and Their Impact

Prenuptial agreements can play a significant role in determining financial entitlements. Although not automatically legally binding in the UK, they are increasingly given weight in court, provided they meet certain criteria, such as both parties having received independent legal advice and the agreement being fair at the time of divorce. If you have a prenuptial agreement, it’s essential to discuss its terms with your solicitor to understand how it may impact your entitlement to assets and financial support. Mediation can also be a valuable tool for discussing the implications of a prenuptial agreement, potentially preventing disputes from arising in the first place.

Blog: Five reasons why you might need a Prenuptial Agreement

It may seem odd, or even counter-intuitive, to be discussing separation and divorce at a time when you are finalising your wedding plans, but with around one third of marriages ending in divorce, statistics should prompt you to at least consider what the financial outcomes might be were you to divorce.

A Blog by Jane Auty, Partner and Head of Family Law

The Importance of Legal Advice and Mediation

Navigating the financial aspects of a divorce can be complex and emotionally taxing. It’s crucial to seek independent legal advice tailored to your specific circumstances. A solicitor specialising in family law can help you understand your rights, negotiate a fair settlement, and, if necessary, represent your interests in court. However, before heading to court, consider family mediation as a first step. Mediation can provide a more amicable, cost-effective way to resolve disputes, allowing you to maintain control over the outcomes rather than leaving them in the hands of a judge.

Final Thoughts

Divorce can bring financial uncertainty, but understanding what you are entitled to can provide some reassurance. The process involves careful consideration of multiple factors, from the needs of any children to the length of the marriage and the contributions of both parties. Mediation offers a way to navigate these complexities with less conflict, fostering a cooperative atmosphere where both parties can work towards a mutually beneficial settlement. Remember, the goal is not to penalise or reward but to ensure a fair distribution of assets that allows both parties to move forward with financial security.

If you’re going through a divorce, ensure you have the right legal support to guide you through this challenging time. At Thornton Jones Solicitors, our experienced family law solicitors are here to help you understand your rights and secure a fair settlement. And if you’re looking for a less adversarial approach, we also offer family mediation services to help you reach an agreement that’s in everyone’s best interests.

Contact us

☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466

The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.

Navigating the Financial Disclosure Process in a Divorce: Where Do You Start?

Divorce can be a challenging and emotional time, with a lot to think about. One of the most significant aspects of the process is sorting out your finances. But where do you start? Understanding the financial disclosure process is crucial in ensuring a fair settlement, and in the UK, this often involves completing a Form E.

This blog will guide you through the key steps to prepare for a meeting with your solicitor, helping you gather the necessary financial information efficiently.

What is Form E and Why is it Important?

Form E is a comprehensive financial statement required in divorce proceedings in the UK. It is used to disclose all assets, liabilities, income, and expenses. Whether you are negotiating directly, attending mediation, or going to court, Form E plays a vital role in reaching a financial settlement.

Why Should You Prepare in Advance?

While your solicitor will provide a blank Form E and a checklist, preparing the necessary documents in advance can save you time and money. Certain documents, such as pension valuations, can take weeks or even months to obtain, potentially delaying the entire process.

What Should You Prepare for Your Solicitor?

1. Pensions: How to Get Your Cash Equivalent Transfer Value (CETV)

Pensions are often the most time-consuming financial documents to obtain, especially public sector pensions like those in the NHS, which can take months. To avoid delays, request your CETV from your employer as soon as possible.

  • Request CETVs for all pensions: You will need to contact each pension provider to obtain a CETV for every pension you have.
  • Track down lost pensions: If you’re unsure how many pensions you have, visit the HMRC or the Government Pension Tracing Scheme website to locate any previous pensions. Your previous employers may also help identify which companies hold your pensions.

2. Property: What Do You Need to Disclose?

When completing Form E, it’s essential to disclose all properties you own, whether jointly or solely, including land and buildings.

  • Valuation of the family home: Obtain a valuation from a local estate agent.
  • Mortgage redemption statement: Provide a statement detailing the current mortgage liability and any early repayment penalties.
  • Estimate sale costs: The form will require an estimate of the sale costs, typically around 2% of the property’s value.
  • Ownership status: Most couples own property as ‘beneficial joint tenants,’ meaning a 50% share each. However, note that the final settlement may differ from this starting point.

3. Bank Accounts: Which Statements Are Required?

You need to provide 12 months’ worth of bank statements for every account you hold or have a beneficial interest in.

  • Include all accounts: This includes current, savings, and joint accounts.
  • Investment statements: You must also provide statements for any investments, such as ISAs, shares, and premium bonds. It’s helpful to gather these documents from your bank or online banking.

4. Income: What Documentation Do You Need?

Form E requires you to disclose all sources of income, which includes employment earnings, benefits, dividends, rental income, and more.

  • Wage slips and P60: Provide your last three months’ wage slips and the most recent P60.
  • Other income sources: Include documentary evidence for all other income streams.
  • Income anomalies: Detail any irregularities, such as a one-off bonus that may not be repeated. You’ll need to estimate your net income for the next 12 months, considering all potential changes.

5. Valuation Evidence: What Personal Belongings Need to Be Valued?

You must provide valuation evidence for personal belongings worth over £500.

  • High-value items: This includes jewellery, watches, artwork, antiques, and significant furniture or house contents.
  • Vehicles: Provide valuations for any vehicles you have an interest in. An easy way to do this is by using instant valuation websites like ‘We Buy Any Car’ and submitting a screenshot or email of the valuation as part of your financial disclosure.
Picture showing two people reviewing forms

Why is Timely Preparation Crucial?

While this blog outlines the primary documents you need to gather, it doesn’t cover everything required for Form E. The financial aspect of a divorce can be lengthy, but by preparing early, you can avoid unnecessary delays and additional costs.

Conclusion

Divorce is never easy, but understanding the financial disclosure process can help ease the burden. By following these steps and preparing your documents early, you can ensure a smoother and more efficient path towards a fair settlement. If you’re ever in doubt, your solicitor is there to guide you through every step of the process.

Contact us

☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466


The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.

Which School Should We Choose For Our Child?

Around this time of the year, often an issue that separated parents face is deciding what school their child should attend. This is a big decision in your child’s life, and it is important to start the discussions with the other parent as early as possible and even have a look all the potential schools together to see if an agreement can be reached.

There are several issues that need to be considered when determining which school your child should attend, including whether or not you live in the catchment area for that school and whether there is a place for your child at your choice of school.

If there is a disagreement between you and the other parent, then ideally you should try and resolve matters via mediation to save the expense, delay and hassle of going through the Court. However, if an agreement cannot be reached at mediation or via other methods of alternate dispute resolution, then you need to consider carefully what you want the Court to decide on.

Given this is a specific issue you want the Court to determine, then you will need to make an application to the Court for a Specific Issues Order and ask the Court to decide which school your child should attend. You may feel it is necessary to apply for a Prohibited Steps Order, these orders can prohibit the other parent from changing the child’s school.

What is a Specific Issues Order?

A Specific Issues Order (SIO) is a legal mechanism under UK family law, specifically provided for by Section 8 of the Children Act 1989. It allows the court to make decisions about a specific aspect of parental responsibility or a particular issue concerning a child’s welfare when parents or guardians cannot agree.

What is a Prohibited Steps Order?

A Prohibited Steps Order (PSO) is another legal mechanism under UK family law, provided for by Section 8 of the Children Act 1989. It is designed to prevent a parent or guardian from taking specific actions regarding a child’s upbringing without the court’s consent.

Picture of primary school children running and laughing through the school corridors

There are however often a few misconceptions when it comes to how parents may choose the school which their child should attend. Here are some of the common myths:

I am the parent that the child lives with so I do not need to consult the other parent.

This is incorrect. If you have “Parental Responsibility” (PR) for your child, you have a say in which school your child should go to, this is regardless of who the child lives with.

The Court can order for my child to attend a school outside of the catchment area.

It is often a misconception that the Court can order for a child to attend a school outside of their catchment area. The Court will not make an order directing the Local Authority to change their standard policies and procedures regarding school admission.

Both parents can make separate applications for the same child’s school admission, to the same or different local authority.

In our experience if both parents make applications, the local authority is able to quickly identify that two applications have been made for the same child. As a result of this the Local Authority will subsequently put both applications on hold until an agreement can be reached, or an order is made by the Court. However, if this is not done within the Local Authorities deadlines for school admissions, your child may be at risk of not having either application processed. This can result in your child not getting a place at a school in their catchment area, especially if the school is oversubscribed.

The Court will deal with my application urgently.

If you make an urgent application to the Court regarding your child’s schooling, the Court may not deal with your application urgently. This is because the family Court already has very long lists of cases and the Judge considering your application may not feel your case is urgent (compared to the other cases before the Court). This can cause a delay in your court application being processed and potentially not being heard before the deadline provided by the Local Authority.

Conclusion

If you and the other parent are having issues, it is important that you discuss this before the school admissions process starts. If an agreement can be reached, then only one parent needs to make an application for the child. If an agreement cannot be reached (either via solicitors or mediation), then you will need to make an application to Court as soon as possible.

When considering such applications, the court’s paramount concern is the welfare of the child in question, and any order made will be based upon what the court considers to be in the child’s best interests. Some of the factors the court will consider are the wishes and feelings of the child (dependent upon their age and understanding), their physical, emotional, and educational needs, the likely effect of any change of school upon them, their age, sex and background – and any harm that the child may be exposed to.

Given that the requirements are met (so the school is in your catchment area or is a school offered to your child by the Local Authority) for more than one school, the Court will decide which school your child should attend. Please note the Court cannot order a school to give your child a place.

The Court will look at why you want your child to go to the school of your choice, as well as information about the school including the Ofsted rating, how close the school is to where the child lives, what other attachments the child has to that particular school (such as friends, siblings, cousins that already attend the school or will be attending). Once the Court has decided on the school, the application can then be made for a place at that school. Your child must attend the school ordered unless both parents agree on an alternative or the Court makes a further Order.


Contact us

☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466


The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.

How Has the Cost of Living Crisis in the UK Affected Divorcing Couples?

Author:

Jane Auty

The cost of living crisis in the UK has profoundly impacted various aspects of life, including the emotional and financial dynamics of divorcing couples. As inflation rises and household budgets are stretched thin, the complexities of divorce become even more challenging. Here, we explore how the economic strain has reshaped the landscape for couples navigating the end of their marriages.

Financial Strain and Legal Costs

One of the most immediate effects of the cost of living crisis on divorcing couples is the heightened financial strain. Legal fees for divorce can be significant, and with the increasing cost of living, many couples find it harder to afford these expenses. Solicitors, mediators, and court fees all add up, often leading couples to delay proceedings or seek more cost-effective alternatives such as DIY divorces or online services.

The financial burden does not end with legal fees. Divorcing couples must also grapple with the division of assets, which is complicated by fluctuating property values and inflation. For instance, the value of a shared home may have decreased, reducing the equity available for division. Conversely, increased mortgage rates can make it challenging for one party to buy out the other, leading to prolonged disputes and financial uncertainty.

Housing Challenges

Housing is one of the most significant concerns for divorcing couples, and the cost of living crisis has exacerbated this issue. With rental prices and mortgage rates on the rise, finding affordable housing becomes a daunting task. For many, the prospect of maintaining two separate households on the same income that previously supported one is daunting. This often forces one or both parties to downgrade their living arrangements significantly, which can be a tough adjustment, particularly if children are involved.

In some cases, couples are forced to remain living together even after deciding to divorce, simply because they cannot afford to move out. This can lead to increased tension and conflict, making an already stressful situation even more unbearable.

An aerial picture of a UK housing estate

Impact on Children

Children are often the most vulnerable in a divorce, and the cost of living crisis adds another layer of complexity to their well-being. Parents may find it difficult to maintain the same level of financial support, leading to changes in lifestyle and potentially reducing opportunities for extracurricular activities, vacations, and other non-essential expenditures that enrich children’s lives.

The financial instability can also affect arrangements for child maintenance and support. With the cost of everyday essentials rising, non-custodial parents may struggle to meet agreed-upon payments, leading to legal disputes and emotional strain. Custodial parents, on the other hand, may face increased pressure to cover additional expenses, adding to their financial burden.

Increased Tensions and Mental Health

The stress associated with the cost of living crisis can exacerbate tensions between divorcing couples. Financial difficulties are a significant source of conflict in marriages, and these issues do not disappear during divorce. In fact, they often intensify, as couples negotiate the division of debts and assets under tighter financial constraints.

This heightened stress can take a toll on mental health. Anxiety, depression, and other mental health issues are common during divorce, and the added pressure of financial insecurity can worsen these conditions. For some, the combined stress of divorce and financial instability can lead to a sense of hopelessness and despair, affecting their ability to cope with the demands of the process.

Navigating the Crisis: Practical Advice

While the cost of living crisis presents significant challenges for divorcing couples, there are practical steps that can help manage the situation more effectively:

  1. Seek Mediation: Mediation can be a more cost-effective and less adversarial alternative to traditional divorce proceedings. Mediators can help couples reach mutually agreeable solutions, potentially reducing legal fees and emotional strain.
  2. Financial Planning: Engaging a financial advisor can help both parties understand their financial situation and plan for the future. Advisors can provide guidance on budgeting, asset division, and managing debt, which is crucial in a time of economic uncertainty.
  3. Explore Housing Options: Researching alternative housing solutions, such as shared accommodations or living with family temporarily, can alleviate some of the financial pressures. It’s important to consider all available options to ensure both parties can secure stable living arrangements.
  4. Prioritize Mental Health: Seeking support from therapists or counsellors can help manage the emotional toll of divorce and financial stress. Mental health professionals can provide coping strategies and support systems to navigate this challenging period. Importantly – look after yourself!
What is Mediation?

Mediation is a process in which a neutral third party, known as a mediator, assists divorcing couples in negotiating and reaching a mutually acceptable agreement. The mediator does not make decisions for the couple but facilitates communication and helps them explore options and solutions. Mediation can be less adversarial and more cost-effective than traditional divorce proceedings, making it a popular choice for couples seeking an amicable separation.

Conclusion

The cost of living crisis in the UK has undeniably added complexity to the already challenging process of divorce. Financial strain, housing issues, and the impact on children and mental health are significant concerns for divorcing couples. However, with careful planning, professional support, and a focus on practical solutions, it is possible to navigate these challenges more effectively. By understanding the unique pressures of the current economic climate, couples can make informed decisions that will help them move forward towards a more stable and hopeful future.


Contact us

☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466


The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.

Can I Vary A Child Arrangements Order?

A Child Arrangements Order sets out where a child lives and the time they spend with each parent or guardian. However, circumstances can change, and there may come a time when the Order needs to be amended. Below, we answer some key questions about the process of varying a Child Arrangements Order.

Changes to a Child Arrangements Order can arise for various reasons. A parent may relocate, working patterns might alter, or a child’s needs could evolve over time. In some cases, one parent (or guardian) may feel the current arrangement is no longer in the child’s best interests. Understanding the process of modifying an Order can help ensure that any changes are handled legally and in a way that prioritises the child’s well-being.

What is a Child Arrangements Order?

A Child Arrangements Order is a legally binding Court Order that determines where a child lives, who they spend time with, and how often. These Orders replace the previous concepts of “residence” and “contact” Orders. The primary focus is always the child’s best interests, and the Order is designed to provide stability and clarity for all parties involved. The majority of final Child Arrangements Orders have a Warning Notice (also referred to as a Penal Notice) attached.  Both parties will have been made aware as to what this means, at the time the original final Order was made. 

How do I start the process of amending a Child Arrangements Order?

The first step is to discuss the proposed changes with the other parent or person who has Parental Responsibility. If both parties agree, the Order can be amended without Court intervention. However, if an agreement cannot be reached, an application to the Family Court will be necessary.  If a Warning Notice was not attached to the original Child Arrangements Order, it will be necessary to apply for this at the same time.  An application to Court involves completing the relevant Court form and submitting it along with the appropriate fee, unless a fee exemption or reduction applies (Help With Fees).  It is important to provide evidence to support your request for a variation to the original Child Arrangements Order, which may include documentation or witness statements that outline why the change is necessary. 

Is Mediation required before applying to the Family Court?

Yes, in most cases, the law requires individuals seeking to amend a Child Arrangements Order to first attend Mediation. A Mediator will assess whether Mediation is suitable for resolving the dispute. The Mediator will do this at initial separate appointments.  If appropriate, you will both be invited to a joint session. If Mediation is unsuccessful or deemed unsuitable, the Mediator will provide a certificate that must be included with the Court application.

Should I try to reach an agreement before going to Court?

It is always advisable to attempt discussions with the other person or parent with Parental Responsibility before making a formal application. This can help narrow the issues and potentially avoid the need for Court proceedings. It is also important to consider the practical implications of any proposed changes and how they will affect the child.

Thornton Jones Solicitors in Wakefield, Garforth, Leeds, Ossett, and Sherburn in Elmet
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How does the Court decide whether to allow changes to the Order?

The Court’s primary concern is always the child’s welfare. Judges apply the ‘Welfare Checklist’ set out in the Children Act 1989, which considers factors such as the child’s needs, wishes, and any potential impact of the proposed changes. The Court will only approve amendments if they are deemed to be in the best interests of the child or if the Court believes that making an Order would be better for the child than not making one. 

Do I need legal advice before applying?

Seeking legal advice can provide clarity on the process, help assess the likelihood of success, and ensure that the application is properly prepared. Legal professionals have expert knowledge of Family Law and Court procedures, which can be invaluable in navigating this process effectively.

Can a Child Arrangements Order be changed without going to court?

Yes, if both parents (or those with Parental Responsibility) agree to the changes, there is no need to proceed to Court. Another option is that the altered agreement can be formalised into a Consent Order by a solicitor and submitted to the Family Court for approval, which will make the Order legally binding (if approved by the Court).  However, if there are disagreements or concerns, Mediation is recommended before considering a Court application.

What happens if one parent refuses to follow the Child Arrangements Order?

If one parent breaches the Order without a valid reason, the other parent can apply to the Court to enforce it. The Court can only make an enforcement Order if it is satisfied, beyond reasonable doubt, that a parent has failed to keep to the Child Arrangements Order.  The Court cannot make an enforcement Order if it is satisfied that the person had a reasonable excuse for failing to keep to the Child Arrangements Order.  The Court has a wide range of powers in the event that it is deemed that an unreasonable breach has occurred, including a referral to Mediation, a referral for attendance on the Planning Together For Children course (previously called the Separated Parents Information programme), a contact enforcement Order/suspended enforcement Order (unpaid work), fines or compensation, or, in some cases, altering the Order itself (which could include a more defined Order and/or reconsideration of the living arrangements of the child).  The Court also has the power to order the non-complaint parent’s committal to Prison.

Can a child’s wishes influence changes to a Child Arrangements Order?

Yes, a child’s wishes and feelings are taken into account, particularly as they grow older. The Court considers the child’s age, maturity, and understanding when deciding whether their preferences should influence the arrangements. However, the final decision is always based on what is considered to be the child’s best interests, which is often led by Cafcass (Children and Family Court Advisory and Support Service) – if required – making certain recommendations to the Court. 

Contact us for expert advice Child Arrangements Orders

If you are considering applying to vary (amend) a Child Arrangements Order, our experienced Family Law team can guide you through the process, including Mediation and Court applications. Contact us today for expert support and advice or click here for more information about our Family Law services and fees.

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Ossett Office


The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.

Picture of father and son picking petals off of a flower in the garden on a sunny day.

Legal Assistant In Lockdown

It’s really hard to write something when you are usually in the ‘background’ and doing what we do best in assisting the brilliant people we work for. I’m not one for putting myself in the public eye, I suffer (like a lot of people) with anxiety and depression, so I usually like to keep myself locked away far away from the public eye and do what I do best (if I don’t mind saying so myself) by keeping my head down and getting through the ever mounting list of dictation.

I’ve honestly found the last 3 weeks being working remotely at home quite alright. My happy place is my home and I’m lucky to feel that way. I am fine and dandy being here at home working away in the spare room until this week kicked in.

My happy place is my home and I’m lucky to feel that way

Crikey I’ve felt low, tearful, stressed out and under pressure this week. Everything has slowed down, backlogs at court, communications, return updates and it’s frustrating. It’s placing a huge amount of pressure on people’s lives and I get that (I am one of those people from a personal point too). This week has been a huge deal. My lovely partner has been at home fetching brews to me (and a wine at 5pm) instead of my lovely friend at work Michelle (she keeps me watered with brews on a proper level). I’ve missed Jess with her huge personality and upbeat work ethic and Janet who I’ve worked with for 18 years. You, Janet, showed me so much (I know when I left school I thought I knew everything) and I will always be grateful for your love, patience and affection to me and also to my family.

To those I haven’t mentioned specifically, it absolutely doesn’t mean you don’t matter – you do – more than you will ever know.

I salute you and you are all amazing and our heroes

I’ve watched the concert today that was aired last week and feel completely humbled. I have key workers in my family from my step-mum who works in a school to my sister who works in a care home and my mother in law who cleans at Pinderfields hospital. I salute you and you are all amazing and our heroes.

Myself and my partner were lucky enough to have a new nephew born recently and we were able to meet and cuddle him before all this happened. We bonded and I made sure he knew that auntie Stacey is the cool Aunt that doesn’t ‘do the nappies’ but will give the best cuddles ever. I felt he ‘understood’ and we ‘got’ each other. I miss him along with all of our babies that we can’t see. I miss you all massively. We had a new niece born 3 weeks ago and we haven’t been able to meet her yet. I can’t wait to get my hands on her and I bet she can’t wait either.

I’m doing the best thing I possibly can by staying at home and keeping working to try as much as possible to keep clients’ matters proceeding

I would love to do more for the community and have felt very much that I haven’t done very much or enough but then I realised that by staying at home (and my partner doing the essential shopping – for wine obvs.) that I’m doing the right thing. I’m doing the best thing I possibly can by staying at home and keeping working to try as much as possible to keep clients’ matters proceeding and try to keep making a difference in my own way and any way that I can – no matter how small.

I am trying – we are all trying in our own way! Stay safe, take care, and be patient! We can all do this if we do it together.

Call me today picture showing image of Stacey Higgs

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The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.

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Ruminations of a Self-Isolating Solicitor

I am generally a very optimistic and positive person. However this self-isolating is really, really difficult. I’ve had a tough week this week trying to keep myself motivated to work from my dressing table which is starting to feel like a prison camp! I realise how much I need people to be around to keep motivated to run a business and deal with the emotions that sometimes our clients inevitably display.

As I write this it’s Thursday of what I think is now week four of lockdown (I cannot even remember the days anymore) and all I can think about is wishing it was Friday so I could justify having a bottle of wine. I am desperately trying to stick to only drinking at the weekends but it is tough I can’t deny it. I suspect we may become a nation of alcoholics before this is done!

Staying Positive During Lockdown

I keep trying to think positive thoughts about how so many more people are worse off than me – I have a lovely garden and three of my four children isolating with me, not to forget my husband who keeps me well stocked in food and coffee. Don’t get me wrong I have absolutely loved my time with them and we have definitely created some memories I will treasure forever, but it has made me think a lot about what actually makes me tick.

It’s just that there is something wonderful about working with other human beings who are all striving for the same goal as you and a number of whom you have known for many years. It’s a cliché I know, but your work colleagues do become like a family to you and I’m feeling this more than ever at this moment. It’s the little things I miss like being able to have a quick two minute chat with a colleague about their new puppy, or how frustrated their husband is making them feel. I miss my lovely receptionist bringing me a cup of coffee rather than my equally lovely husband, just to make a change of scenery.

It’s having a walk to the sandwich shop at lunchtime with a different colleague every day, helping clients deal with issues which are often way more serious than anything I face in my own life, or just sharing a joke with someone you don’t have to live with!

I need my daily fix of human interaction, it makes me who I am and for that I am grateful

Never before have I realised how much I value my work colleagues and I hope I never forget that when my alarm goes off at 6 am again (who would’ve thought I’d be looking forward to that!).  Turns out my dreams of early retirement have completely changed – I now know I would be bored the majority of the time and that actually going into an office every day, whilst sometimes stressful it cannot be denied, is something I will now treasure.  I need my daily fix of human interaction – it makes me who I am and for that I am grateful.


Contact us

If you need legal advice then please contact us at any of our Yorkshire offices. We are here to help you with your legal needs, whether you are buying or selling a property, you need to make a will or update an existing will, of maybe you require help with Family Law matters. our skilled an experience Yorkshire Solicitors can provide you with a friendly service.

Picture of a man using his mobile phone

Ossett Office


The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.

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