Family law often involves acrimonious divorces and long-running disagreements between spouses over finances, living arrangements and children.
Whether it's working closely with social services, resolving conflict within the home or guiding families towards an amicable settlement, McAlister Family Law aid and represent children through exceptionally difficult circumstances.
“We have professional, dedicated teams who protect vulnerable children and provide them with the opportunity to make their wishes known,” explains Amanda McAlister, director at McAlister Family Law, located in Cheshire, Manchester and London.
Below, Amanda talks us through the process of dispute resolution and why it's so important for young people to have a voice.
Q: What are some of the legal options for children during divorce proceedings?
A: Depending on the age of the child, it may be that they can seek legal representation themselves and have a degree of autonomy. For very young children, we have a team of solicitors who specialise in child law and welfare.
Mediation, an avenue that is explored before any court intervention, can be an effective time for the interests of children to be introduced. Negotiation discussions cover a broad range of topics that directly involve arrangements for children. Parental responsibility – when a parent is automatically entitled to make key decisions in their child’s life – as well as other aspects, come into play.
For children to have their say in decisions regarding their future, it's important that they receive compassionate, thorough legal advice.
Q: How do your solicitors ease the concerns of parents?
A: For many parents, going through a divorce or separation damages their relationship irrevocably. There are so many emotions involved, and it can be one of the most strenuous experiences of your life. It's important that we don’t downplay the negative aspects of the process, as they can be inevitable in many cases, and focus on maintaining a respectful relationship.
Many of the difficulties that arise between parents are based on the fear that they will no longer play a major role in their children’s lives. These concerns can be the root cause of a difficult negotiation period that ultimately leads to a court procedure.
Our approach is to reach out to parents and encourage an empathetic outlook, such as how they would feel if they were denied the right to see their children grow up. We also inform them of the potential dangers of a hostile divorce – not having both parents at a graduation ceremony or a wedding can be devastating. By resolving their differences as amicably as possible, both parents can preserve their relationship and work together in the child’s best interest.
Q: How does the court process work and is it a desirable route?
A: If an agreement cannot be reached by the two parties during the mediation meetings, the court will adjudicate and make a decision based largely on the best interests of any children. There are positives and negatives to this method, as the court will prioritise the welfare of the children above financial and lifestyle decisions.
However, both the parents and the children lose any autonomy to determine the outcome. As someone who has been through divorce personally, I know first-hand that parents often know their children best and are the most open to listening to their wishes. I always encourage clients to listen to their ex-spouse and their children, and come to a compromise that suits their family dynamic.
Q: Why is it so important for children to be properly represented?
A: It can be all too easy for the adult parties entrenched in divorce proceedings to forget that their children may wish to make their own decisions. A young person of 14 or 15 years old is more than capable of deciding their arrangements and seeking legal representation, and usually all they want is to have both parents involved in their life.
Disagreements over financial assets, properties and shared businesses can dominate the proceedings, but in regards to children, most parents will find that their views align. Emotions can cloud judgement, but parents want their children to be happy and vice versa. Having difficult conversations now can help to forge a long-lasting bond between parents and their children in the future.
McAlister Family Law’s Child Law team recently won Team of the Year at the Manchester Young Talent Awards for their outstanding work with children. This achievement highlights the work that the team do for children that need to be taken into care, have life-limiting illnesses or who need professional legal advice.
To find out more, visit mcalisterfamilylaw.co.uk or call 0333 202 6433.
