Mediation for Child Custody / Arrangements

When you are discussions over child arrangements (sometimes known as ‘child custody’), you may think that securing a child arrangement order is your only solution.

Mediation can also be used as a method to discuss and agree on child arrangements.

At Fullers Family Law, we provide specialist family law advice and family mediation services to help you with your children law questions and concerns.

Initial Discussion

This summary provides general information and does not constitute legal advice on any individual circumstances.

For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.

What is Mediation for Child Custody / Arrangements?

Mediation can cover any aspect of parenting conflict, such as:

• Which parent your children will live with after the separation or divorce.
• The contact arrangements and whether overnight contact will take place and how frequently.
• Conflict over holidays and whether one parent should take the children on holiday in the UK or abroad.
• Relocation disputes if a parent wants to move to live overseas taking the children with them and the other parent objects.
• Parenting disputes over parenting choices, such as whether a child should attend a particular school, or be brought up observing a religious faith, or be vaccinated.
• Grandparent contact if there is a dispute over whether grandparents should see your children.
• A review of existing arrangements where there has been a change of circumstances.

When Does Mediation Take Place?

Family mediation can take place at the time of your separation or at a later date if an event has triggered a dispute over parenting arrangements, such as the sale of the family home, one of you meeting a new partner, or one of you relocating to a different area because you have a new job or to be nearer to family.

If you have previously been to court to obtain a child arrangement order, this does not rule out using family mediation now to sort out any ongoing or new parental conflict. For example, the child arrangements may need to be tweaked because a child is going to school and you can’t reach an agreement over revised contact times. Alternatively, it could be that you want a safe space to explore your concerns about whether the current shared parenting arrangements are meeting your child’s needs.

What are the Advantages of Mediation for Child Arrangements?

Family mediation is voluntary. It’s not suitable for every set of circumstances but it has advantages over applying to the court for a child arrangement order or applying to the court to vary a children law order. The advantages of mediation for child arrangements are:

• You can set your own agenda and pace in mediation – the family court follows set procedures and may not want to look into the detail of what is concerning you or is important to your child.
• As parents you reach a mediated agreement rather than have a judge impose a decision on you that neither of you may like. A Family Mediation Council 2019 study of 2161 mediation cases over a 6 month period showed a success rate of 70%.
• Mediation is quicker than court proceedings as you don’t have to wait for court hearing dates.
• Mediation is usually cheaper than a court application.
• The mediation process is less damaging than a court application. Whilst you air your concerns and grievances in mediation sessions, the process doesn’t do as much damage to your parenting relationship as going to court to file statements and being cross-examined by your ex-partner’s family solicitor.

Do you Need Help With Mediation for Child Arrangements?

At Fullers Family Law, we understand that if you haven’t been to family mediation before you won’t know what to expect and you may be unsure if the mediation process will be right for you.

To get the best out of family mediation and to resolve parenting disputes it is important to understand how mediation can help you and to set your objectives. That is why before you start your first mediation session you will have an individual pre-mediation meeting to discuss the outcome you want to achieve and to prepare to mediate.

Jane-Louise Burrows