We have many cases where parents have separated. HGW Solicitors will always try to help lower the temperature as much as possible between the parents, to minimise the adverse impact that the separation can have on their child/children.
The section of the Children Act 1989, known as the ‘welfare checklist’, is a useful guide for parents who wonder how lawyers and family court judges approach the delicate task of assessing conflicting parental wishes, along with the paramount importance of the ongoing welfare of the child.
Here are two examples of challenging situations:
Parental alienation.
This term is often used when one parent (who the child is not with; ‘the absent parent’) accuses the other parent of deliberately putting their child off spending time with them. Sometimes the child themselves can state that they do not want to see their absent parent. Careful investigation might be required to consider whether there are any alienating behaviours by one parent towards the other.
Parental hostility
Hostility between parents can be a problem for a child of any age. Sometimes one parent states that the other parent is a ‘bad parent’ in some way. Care must be taken to consider whether the actual risk of harm to the child is in fact from the hostility between the parents.
If sorting out child arrangements ends up before the Family Court, CAFCASS can become involved and make use of a Child Impact Assessment Framework.
For assistance and guidance on child arrangement matters or for more details, please contact HGW Solicitors at 01202881454 or through email at enquiries@hgwlaker.co.uk.