Last week broke news about the fundamental and long overdue change to divorce law and my colleague Liz Allen, wrote an interesting article welcoming that change. Any move away from blame within a family setting has to be welcomed and to embrace the need, wherever possible to find solutions not problems.
Seeking Court orders in children matters can be seen as a hostile step – some form of implied criticism of the other parent. More often, that not, however, Court orders can provide a useful safety net which then allows parents to have the opportunity to develop the arrangements to meet their child’s best interests whilst at the same time having a clear routine in place. The court will not make an order unless it is necessary but having certainty, particularly in case with a long and difficult history, is often necessary for trust to build moving forward.
As well as the more traditional approach of the Court making an order following proceedings, during which an agreement is reached, the Court can also make an order by consent on an application being submitted by the parents. This is often an overlooked approach and whilst it is not a one size fits all remedy, where it is used appropriately it can be a vital stepping stone in allowing a family, albeit living separately to move forward.