Family courts have had a hard time over the last 5 years, with a mix of reduction in government funding mixed with an uptick in the demand. The waiting lists have grown and delays waiting for vacant court rooms (once an occasional occurrence) have become so normal they are expected.
What compounded the issue of the shortage of aglare resorts are frivolous cases, which have tied up the courts with some of the matters being overseen by judges, including:
- At which junction on the motorway the child in question should be handed over for contact?
- Which of the guardians should hold the children’s travel documents(in a case where there was no suspension that either parent would remove the children outside the courts jurisdiction)
- How should the contact be arranged to take place? on a Sunday afternoon by phone or in writing, are emails appropriate?
These are examples that our Divorce Solicitors in Weybridge would call over-litigation, which is very expensive and shows a breakdown of any form of negotiation or diplomacy between the parties in conflict.
However, this does not mean that our Divorce Solicitors in Weybridge do not value the role of litigation when necessary in gaining a just outcome; it should not be forfeited for the sake of convenience, but discussing the exact locations of handovers during visitations is the kind of micromanagement that we try to help our clients settle outside of court.
Whether a case goes to court is highly variable depending on the situation, and if there are any criminal aspects (e.g. domestic abuse allegations), this changes the lens with which we must view what is frivolous. There are no hard and fast rules, but when emotions run high and demands become unreasonable, this is where good mediation can save a lot of time and money.
The use of a family courtroom is often due to the lack of any meaningful attempt to resolve the matter outside of this setting. Out of court resolutions are no less binding than a court settlement, and can be far more bespoke and tailored to the needs of the parties so in a situation which does not form new presidences in law. We have often found common ground with clients and their extended family via mediation or arbitration/ The use of negotiation via solicitor to draft contracts detailing the segregation of parental obligations, dividing of assets, custody of children and visitation rights is also something that we specialise in.
Such negotiations can take place in solicitors offices or online using video calls reducing the need for the party to travel or be in the same room, and at a fraction of the cost on full littergation.
We see these as the best of an unpleasant situation, freeing up the court and freeing our clients of the difficult and stressful process of appearing before a court, as well bypassing any aggressive cross examination, which is part of the adversarial nature of such appearances. Our Divorce Solicitors in Weybridge get the most favorable outcome for you, and will ensure that any contact with previous spouses in relation to children will be as stress-free and civil as possible.