My ex won’t let me take the children abroad, what can I do?

After parents separate there can be issues over the arrangements for the children and the subject of holidays can be particularly contentious.

There can be genuinely held concerns about the welfare of the children whilst away on holiday and, if so, it is right that these are investigated so that there can be confidence that the children will be safe.

However, issues over the holidays often stem from jealousy and insecurity on the part of the other parent.  This can be because they are not able to afford a holiday; they don’t want the children to enjoy themselves with the other parent; there may be a new partner involved; or they just want to hurt the other parent as much as they are hurting.

Practical steps you can take

You can take the following steps:

  • Be prepared to address the other parent’s anxieties by providing details of the flight, accommodation and facilities together with care and sleeping arrangements.
  • Ensure any disagreements about holiday arrangements are kept way from the children.
  • Ascertain the children’s wishes but remain supportive and respectful of their other parent.

If you still cannot agree over holiday arrangements, then read on to see how Harrogate Family Law can help.

Please do not take your children abroad without the consent of the other parent or you may be breaking the law.

The Law

It can be a criminal offence to take the children out of the country without the permission of the court or the other parent.  Even if the holiday is in this country, taking the children away without the other parent’s consent can lead to severe anxiety on the part of the other parent, whether it is reasonable or not.  It could lead to the police being contacted and/or badly impact on the future arrangements for you seeing your children.

How we can help?

We can:

  • Diffuse what can be a highly emotional situation and put the focus back on your children.
  • Be an independent third party who can reason with the other parent and gain cooperation to help achieve a positive outcome.
  • Advise as to alternative methods of resolving holiday issues including, although usually not necessary, an application to Court. Court is, however, always a last resort with 95% of our cases resolved outside of Court.

It is important that you contact us as soon as possible if you are having problems with holiday arrangements.  Please don’t feel there is nothing you can do because we can help you.

Call us today on 01423 594680.

Andrew Meehan is an experienced family lawyer specialising in complex divorces involving significant or hidden assets, as well as cases involving children.

He is recommended for family law by both Chambers 2018 (York, Hull and surrounding regions) and the Legal 500 2017 (Leeds/West Yorkshire and North Yorkshire region).

Everyone’s circumstances are different and this article is provided by way of general information only and must not be replied upon.  If you require legal advice on a family law issue, please feel free to contact us by emailing enquiries@harrogatefamilylaw.co.uk.

Pride month: has the law caught up?

Historically the family justice system has not always been progressive and forward thinking.  Thankfully over the years there has been positive movement ensuring that everyone is treated equally and with respect.

One of our partners, Carol Jessop, remembers when clients such as those who were in same sex relationships or transgender were unfairly discriminated against in children cases.  LGBT+ people were considered to be a risk to the children and contact with them was thought to be potentially harmful.

The law now not only recognises civil partnerships, but also same sex marriage.

Separation and discussions about arrangements for your children can be highly emotional situations and on occasion accusations can be made that your new circumstances mean it is not in the children’s best interests to spend time with you.

We are really pleased that the law has developed and it is important that you know that both parents should have meaningful relationships with their children.

At Harrogate Family Law we fight for everyone to be treated fairly.  If, for any reason, you are concerned about your relationship with your children, do not hesitate to talk to us in the strictest confidence.  We listen, we understand and we care.

Call us today on: 01423 594680.

Andrew Meehan is an experienced family lawyer specialising in complex divorces involving significant or hidden assets, as well as cases involving children.

He is recommended for family law by both Chambers 2018 (York, Hull and surrounding regions) and the Legal 500 2017 (Leeds/West Yorkshire and North Yorkshire region).

Everyone’s circumstances are different and this article is provided by way of general information only and must not be replied upon.  If you require legal advice on a family law issue, please feel free to contact us by emailing enquiries@harrogatefamilylaw.co.uk.

3 reasons why you must get legal advice on any financial agreement you reach on divorce or separation

Once an agreement is reached this should be put into a formal document to ensure that the terms of the agreement are clear, fully understood by both of you and will protect each of you from possible further claims in the future.

If there is a divorce or other financial proceedings, the agreement can be approved by the court and an order made in the terms of the agreement.  If there are no proceedings a Deed of Agreement (often referred to as a Separation Agreement) can be prepared.

You must have expert legal advice on any financial agreement you reach to ensure that:

  1. The terms are fair and appropriate to your circumstances. Even if you are content with the proposed terms, the agreement is reached at a time when you are emotionally vulnerable and we can look at the situation more objectively and consider the effect of the terms and any potential pitfalls.
  2. The terms of the proposed agreement can be enforced in the event that there is any problem with carrying it into effect.
  3. The Deed or Order closes off all future potential claims, unless it is necessary to keep any claims ongoing – such as spousal maintenance.

It is preferable for both of you to have representation from separate solicitors when the agreement is being drawn up.  You both need to be sure you understand the effect of the terms and that the agreement works for both of you.  If one person later feels that they have been treated unfairly or taken advantage of it can lead to resentment.

We always suggest exchanging financial information and, if there is a property, we check the title.  The reasons for this are:

  1. Even if you think that you are both clear about your financial circumstances, there can be things that are overlooked which we can pick up on – such as an unused joint account, a debt in joint names, an old pension fund which has been forgotten. These all need to be included to avoid issues later.
  2. There may be problems with implementing the terms of the agreement because of issues you were not aware could be a problem, such as mortgage arrears, a debt which has been repaid but remains on the title to the property, or restrictions on being able to share a pension fund.
  3. In some cases one person can be pretending to be in a worse financial position than they really are and by going through the financial disclosure we can usually identify where there may be additional assets or income which has not as yet been disclosed.

It is essential, even in cases which seem to involve the most straightforward of agreements, to take legal advice and exchange financial information.  Investing in getting good legal advice will ensure that you are moving forward into your future secure in the knowledge that your financial arrangements have been resolved properly and in the best way possible for you.  It may seem an unnecessary expense at the time but it will save you far more expense in the longer term and may avoid several years of worry.

You can trust Harrogate Family Law to help you.  We will be thorough to ensure that you can move forward with confidence that your financial arrangements are the best they can be.

If you need help with your divorce contact us on 01423 594680.

Andrew Meehan is an experienced family lawyer specialising in complex divorces involving significant or hidden assets, as well as cases involving children.

He is recommended for family law by both Chambers 2018 (York, Hull and surrounding regions) and the Legal 500 2017 (Leeds/West Yorkshire and North Yorkshire region).

Everyone’s circumstances are different and this article is provided by way of general information only and must not be replied upon.  If you require legal advice on a family law issue, please feel free to contact us by emailing enquiries@harrogatefamilylaw.co.uk.

Fathers and their children

Father’s Day can be a poignant time for separated parents.

All parents worry about their relationship with their children after separation and divorce. There can still be a traditional view that children will live with their mother.  This is because, in the past, mothers have taken on the role of homemaker whilst fathers have been the breadwinners. Whilst mothers often work part time, most families still have similar arrangements. Does this mean that Dad will get to spend little time with the children, perhaps just taking them out for a day at the weekend?

A father’s main fear when facing divorce is that he will lose his children. He may have been working long hours to provide for his family and then it all feels pointless when the marriage breaks down.

The Courts do not follow the traditional stereotype and the law provides for parents to share the care of their children. Both parents are equally important to their children and the children should be able to retain a close relationship with both. The children’s care should be shared as much as practicable. This may not mean equally but both parents should share in the joy and responsibilities of being a parent. This means that fathers can expect to have the children in their care for a significant amount of time.

Mothers should not feel threatened by this or feel that their role has been diminished. Rather than Dad just taking the kids out for the day and ensuring they have a good time, Dad also gets to help with the homework and look after the children when they may be feeling grumpy and tired. Both parents share in the issues of juggling work and child care.

At Harrogate Family Law, we know how important your children are to you. We will help you move forward from being partners or husband and wife into your new relationship as parents. We care about what happens to your children almost as much as you do.

Can I see my grandchildren?

When parents separate and can’t agree the arrangements for their children, it can be difficult for grandparents to see their grandchildren.

MPs are calling for grandparents to have the right to see their grandchildren following the separation of the children’s parents. This gives the impression that grandparents currently have no rights. This is not correct, although the situation can be improved.

Under the current law, grandparents (or other relatives) can apply to have contact with their grandchildren or apply for the children to live with them. However, unless the child has already lived with them for a year prior to the application, they do need permission to pursue the application.

Permission is usually granted. If it can be shown that there is sufficient connection with the grandparents, the court will allow the application to proceed.

The court will consider whether making an order is in the child’s best interests, taking all of the circumstances into account. It is not so much the grandparents’ right to see the children, but the child’s right to see their grandparents. The court considers the application from the child’s perspective.

Grandparents who are being denied a relationship with their grandchildren should take legal advice before proceeding with an application. There are many options for resolving disputes without going to court but if a court application is required it is important that the case is presented in the best way possible to achieve the desired outcome.

 

Andrew Meehan is individually recommended for family law by both Chambers 2018 (York, Hull and surrounds region) and the Legal 500 2017 (Leeds/West Yorkshire and North Yorkshire region). He is also the only Resolution accredited specialist solicitor in Harrogate for divorce cases involving complex financial and property matters.

This article has been prepared with the aim of providing general information only and does not constitute legal advice in relation to any particular situation. While we aim to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. In addition, everyone’s circumstances are different and this article is provided by way of general information only and must not be relied upon. If you require legal advice on a family law issue, please feel free to contact us by emailing enquiries@harrogatefamilylaw.co.uk. Harrogate Family Law accepts no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of any part of our website, except to the extent that such liability cannot be excluded by law.

We are separating amicably – do I need a solicitor?

It is always preferable to resolve the child arrangements and the division of assets amicably.

It is often a more cost-effective way to divorce, as well as minimising the stress and disruption that an acrimonious separation can cause. We are always supportive of clients who want to achieve an amicable settlement.

However, do not fall into the trap of thinking that because you’re on good terms with your former spouse, you don’t need a solicitor and legal advice is a waste of money. It could be a very expensive mistake to make.

What do I need to consider in an amicable separation?

There are many common issues and pitfalls which people encounter when preparing to separate. To avoid them, you need to consider:

  • Are you getting a fair share of the assets?
  • Do you know what assets there are?
  • What pensions do you have, do you understand all the benefits of the schemes and do you understand the implications and rules of them?
  • What income in the short, medium and long term are you going to have and does this meet your expenditure?
  • Do you know the full extent of your spouse’s income?
  • Have you got any liabilities?
  • Who will be responsible for the mortgage?
  • Should the house be sold and how will the proceeds be divided?

The last thing you want is to realise later that you overlooked something significant and are losing out as a result.

Is an amicable separation possible?

In our experience, it certainly is possible to separate amicably and for both parties to achieve a settlement which they are happy with – but legal advice is still an important part of the process.

We would never stand in the way of a genuinely amicable settlement when both individuals have a clear picture of their respective income and assets, and both understand the terms they are agreeing and the implications of that agreement.

However, sometimes one spouse is appearing to be amicable because they want the other to agree to something which is not fair. Alarm bells should ring if you are being urged not to bother getting legal advice.

We strongly recommend getting legal advice before agreeing any terms of settlement. We also strongly recommend that any settlement terms, once agreed, are incorporated into a formal legal agreement or a court order so that they are binding and it is not possible for them to be reneged upon later. Without this, your agreement is unlikely to be worth the paper it is written on.

At Harrogate Family Law, we are highly regarded for protecting wealth and making agreements as water-tight as possible. We also make sure that you are treated fairly and achieve a settlement which meets your needs.

We deal with complex cases on a regular basis and are able to identify all of the possible issues and pitfalls specific to your circumstances, whether that is relating to a family business, school fees, pensions or other factors.

We are also skilled negotiators, with about 95% of our cases reaching an agreement outside of court. Investing in our expertise at an early stage could therefore save you money and time in the long run.

 

Andrew Meehan is individually recommended for family law by both Chambers 2018 (York, Hull and surrounds region) and the Legal 500 2017 (Leeds/West Yorkshire and North Yorkshire region). He is also the only Resolution accredited specialist solicitor in Harrogate for divorce cases involving complex financial and property matters.

This article has been prepared with the aim of providing general information only and does not constitute legal advice in relation to any particular situation. While we aim to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. In addition, everyone’s circumstances are different and this article is provided by way of general information only and must not be relied upon. If you require legal advice on a family law issue, please feel free to contact us by emailing enquiries@harrogatefamilylaw.co.uk. Harrogate Family Law accepts no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of any part of our website, except to the extent that such liability cannot be excluded by law.

We are separating – do I have to move out?

Separating after arelationship breaks down is an emotional time in anyone’s life and the issue of whether to leave the family home throws up lots of questions.

You may not be sure if you should leave or if you should ask your partner to leave and what your rights are if you do take this action.

Before taking any steps, it is essential to get professional advice from an experienced family law solicitor about the arrangements for the home,  whether it is rented, owned or mortgaged in both your names or just one of your names.

Sorting out where you are going to live can be very stressful so it’s important to understand your legal position.

Joint home ownership

If you jointly own the property you live in or it’s rented in both names, then both of you are entitled to be in the home.  There are however reasons why a person’s right to occupy the home can end.

If the separation is particularly acrimonious, you may feel there is no choice but for you or your ex-partner to move out, but you will not lose your claim to the equity in the house. However, you do need to take advice before deciding to leave. If you are being threatened with exclusion from the family home it is possible to enforce your right of occupation.

If you have a joint mortgage this remains a joint responsibility but it may not be appropriate for one person to continuing contributing to the payments but there may be consequences of not doing so.

Over time, it will be necessary to sort out the financial arrangements as part of the divorce settlement. For couples who own their home, this may involve one spouse buying the other out or the property may be sold and the assets split.  It can sometimes be possible to postpone the sale of the property especially if it is required as a home for the children.

In cases of rented property with a joint tenancy it may be possible for one person to terminate the tenancy and therefore advice should be obtained as soon as possible. Tenancies can be transferred from joint to sole names in some circumstances.

House in one name

Even if one spouse is not named on the title deeds of the family home, they will have a right to live there and can register their matrimonial rights with the Land Registry Office.

This can help protect their interest in the home until the outcome of the divorce is concluded and a financial agreement is reached. Even if the house is only in one name, usually each party would receive a share of the equity depending on the circumstances.

Divorce settlements

The family home plays a big part in any divorce settlement. The best interests of the children and where they should live will be  the first consideration when it comes to reaching an agreement about what happens to the family home. Each case will be different and the financial needs, resources, obligations and responsibilities of each person are also important factors.

If you are considering leaving the family home, before making any decisions, it’s important to get specialist legal advice. At Harrogate Family Law we are experts in supporting people through separation and getting the best outcome possible which works for you and your children.

 

 

Andrew Meehan is individually recommended for family law by both Chambers 2018 (York, Hull and surrounds region) and the Legal 500 2017 (Leeds/West Yorkshire and North Yorkshire region).

He is also the only Resolution accredited specialist solicitor in Harrogate for divorce cases involving complex financial and property matters.

This article has been prepared with the aim of providing general information only and does not constitute legal advice in relation to any particular situation. While we aim to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. In addition, everyone’s circumstances are different and this article is provided by way of general information only and must not be relied upon. If you require legal advice on a family law issue, please feel free to contact us by emailing enquiries@harrogatefamilylaw.co.uk. Harrogate Family Law accepts no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of any part of our website, except to the extent that such liability cannot be excluded by law.

My ex is turning the kids against me

When parents separate it is important that the children continue to have a good relationship with both parents.

It’s a challenging time for everyone involved, particularly if a divorce has been acrimonious or if there are issues over the child arrangements.

Sometimes one parent tries to turn their children against the other intentionally and sometimes they are just so negative about the other parent it impacts on the child’s opinion of the other parent.

Known as parental alienation, there is growing awareness about the issue in the Family Courts and it’s estimated to occur in 11-15% of divorce cases. There are varying degrees but at the extreme end it involves trying to cut off contact with the other parent.

The emotional impact on children who find themselves in this position is extremely detrimental to their well-being.

So, what can you do if you think your ex is turning your child against you?

Possible signs of parental alienation

The whole issue is very complex because children experiencing a huge life change such as a divorce may well be feeling very angry and upset, and end up lashing out at you. It doesn’t necessarily mean your ex is trying to turn them against you.

Possible signs may include:

  • Your ex-partner reduces your parenting time without good reason
  • Your children make excuses about why they don’t want to visit
  • Only receiving limited information about your children
  • Your child may be reluctant to show you affection
  • Your child’s behaviour towards you is different when the other parent is present

It will be heart-breaking to feel that you are losing your children.

Supporting children through a divorce

When looking at this issue, it’s helpful to think about the ways you can best support your children through a divorce. It’s widely agreed that children are far better off maintaining a positive and healthy relationship with both parents.

It can be a confusing and unhappy time for everyone and children can even blame themselves for the break-up.

The NSPCC offers the following advice for helping children deal with divorce:

  • Remind them that they are loved by both parents.
  • Be honest when talking about it but keep in mind the child’s age and understanding.
  • Avoid blame – don’t share any negative feelings the adults have about each other.
  • Keep up routines such as going to school and specific meal times.
  • Let them know they can talk about their feelings with you – explain that it’s okay to be sad, confused or angry.
  • Listen more than you speak – answering questions will help them to open up.

Why legal help is needed quickly

  • The can children end up in the middle of conflict between their parents being used as weapons.
  • If one parent is prevented from seeing the children for a period of time this can become the new “normal” and it can become more difficult to reinstate contact arrangements the more time that passes
  • The parent being denied contact with their children will feel frustrated but if they tackle it on their own the other parent may well make allegations of harassment or abuse which they may use to help justify their decision to reduce or stop contact.

Cases of this kind can be extremely complex, and our solicitors at Harrogate Family Law are experienced in dealing with all the issues, resolving disputes and supporting parents. It is vitally important to take the right approach from the outset in issues over the care of your children.  We recommend you take advice as soon as possible to obtain guidance to avoid making the situation worse.

 

Andrew Meehan is individually recommended for family law by both Chambers 2018 (York, Hull and surrounds region) and the Legal 500 2017 (Leeds/West Yorkshire and North Yorkshire region).

He is also the only Resolution accredited specialist solicitor in Harrogate for divorce cases involving complex financial and property matters.

This article has been prepared with the aim of providing general information only and does not constitute legal advice in relation to any particular situation. While we aim to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. In addition, everyone’s circumstances are different and this article is provided by way of general information only and must not be relied upon. If you require legal advice on a family law issue, please feel free to contact us by emailing enquiries@harrogatefamilylaw.co.uk. Harrogate Family Law accepts no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of any part of our website, except to the extent that such liability cannot be excluded by law.

Parental alienation: The dangers of influencing children’s feelings toward their other parent

In some cases, particularly after a particularly bitter or acrimonious divorce, a child’s feeling towards one parent can be psychologically manipulated by the other.

Known as parental alienation, it’s a situation that can be extremely damaging and harmful for those involved. In response, the Children and Family Court Advisory and Support Service (CAFCASS) has begun rolling out a new scheme in a bid to tackle the problem.

CAFCASS represent children in family court cases making sure their voices are heard in family court settings and that decisions are made in their best interests.

What is parental alienation?

At the extreme end of the scale, parental alienation is when one parent deliberately tries to turn a child against their ex-partner with the aim of excluding that parent from the child’s life and cutting off contact.

It’s estimated to occur in 11-15% of divorces involving children and CAFCASS believes this number is rising.

There can be varying degrees of parental alienation from mild to severe. Examples from CAFCASS include: ‘a parent constantly badmouthing or belittling the other; limiting contact; forbidding discussion about them; and creating the impression that the other parent dislikes or does not love the child.’

Serious cases involve a parent trying to damage the child’s relationship with the other parent with the aim of putting an end to contact between them.

Tackling parental alienation

CAFCASS has confirmed that parental alienation occurs in a significant number of the 125,000 cases it deals with every year.

In Spring 2018, in response to the issue they introduced a new scheme called the ‘High Conflict Pathway’ for use in all cases of suspected parental alienation.

The framework will help professionals to assess cases when dealing with high levels of parental conflict and alienating behaviour.

It will also give parents the opportunity to change their behaviour with the help of an intensive 12-week ‘positive parenting programme.’

The scheme has been developed to provide a clear framework for the assessment of such behaviours on children and to help professionals see more closely what is happening on a case by case basis.

Any intervention offered will depend on each individual case and will include therapy to help parents address their behaviour and recognise the impact on the child.

In the most extreme cases, it’s been widely reported CAFCASS will recommend the child should be removed from the ‘alienating’ parent and they may be denied contact.

Parental alienation can be a very complex matter and the impact extremely to harmful to those involved. The new range of measures demonstrate a real commitment to tackle the problem and raise awareness of this issue.

Summary

It’s fair to say the family courts already have measures at their disposal to deal with severe cases of parental alienation, for example changing who the child should live with.

Nevertheless, the new framework demonstrates this issue is being taken extremely seriously, recognising there can be varying degrees of parental alienation which can have a negative emotional and psychological impact on a child.

Until now, parental alienation has been dealt with on a case by case basis. A more defined approach will help to reduce the detrimental effects on the numbers of children who, through no fault of their own, find themselves in this position.

Cases of this kind can be very difficult and our solicitors at Harrogate Family Law are experienced in dealing with all the complexities, resolving disputes and supporting parents. It is vitally important to take the right approach from the outset in issues over the care of your children.  This can avoid protracted disputes but, if it doesn’t, you will be in the best position to successfully resolve the issues through the court process. If you have concerns or questions about any of the issues raised in this article please get in touch.

 

Andrew Meehan is individually recommended for family law by both Chambers 2018 (York, Hull and surrounds region) and the Legal 500 2017 (Leeds/West Yorkshire and North Yorkshire region).

He is also the only Resolution accredited specialist solicitor in Harrogate for divorce cases involving complex financial and property matters.

This article has been prepared with the aim of providing general information only and does not constitute legal advice in relation to any particular situation. While we aim to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. In addition, everyone’s circumstances are different and this article is provided by way of general information only and must not be relied upon. If you require legal advice on a family law issue, please feel free to contact us by emailing enquiries@harrogatefamilylaw.co.uk. Harrogate Family Law accepts no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of any part of our website, except to the extent that such liability cannot be excluded by law

Local Professional committee appointments for Harrogate Family Law Solicitor

Harrogate lawyer Emma Doughty has been appointed to the committee of Young Resolution (YRES) in West and North Yorkshire. YRES work alongside the regional committee to encourage professional best practice and promote supporting families to resolve difficulties constructively.

Emma is actively involved in organising a wide range of seminars, training and social events to provide members with opportunities to strengthen professional relationships and stay up to date with the latest developments in family law.

Emma said: “it is a huge honour to be a committee member of such a well-respected organisation with a mark for reassurance and quality. Not only does this platform give me the opportunity to contribute to positive change within the family justice system but it also greatly assists my on-going personal growth and ability to guide families towards the best solution for their individual circumstances.”

Emma of Harrogate Family Law, is also an active member of her local legal community having recently joined the committee of Harrogate District Law Society (HDLS). Emma is about to launch an all-inclusive Junior Professionals Networking Event in association with HDLS. The first social event will take place on 12 April 2018 and seeks to encourage Junior Professionals to be proactive at establishing a network of contacts they can trust to deliver an excellent service for their clients. If you or anyone you know are interested in attending future events, please contact Emma at: emma.doughty@harrogatefamilylaw.co.uk to be added to the mailing list.

Emma said: “There is such a high calibre of legal professionals within the Harrogate area and I am keen to be involved with raising the profile of Harrogate as a Centre of Legal Excellence.”

Page 1 of 41234