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    Separated parents and choosing schools

    Separated parents and schools: What can you do if you disagree on where your children go to school?
    As schools started to open their doors again this week, you could hear an audible sigh of relief from households across the UK as children made the welcome return to education.  
    Due to the covid-19 pandemic, schools’ closing has emphasised the vital role they play in providing education, routine, structure, friendship, and a  safe space for children. 
    This renewed interest may have caused some parents to question whether their children’s school is the best one for them or should they look to move them elsewhere?  In-year applications to move schools can still be submitted, so it is certainly possible. 
    For separated parents, deciding on a school choice can cause complications if they are not in agreement. For those parents that find themselves in this situation, how can a family lawyer help them? 
    The process
    The first step is to discuss your concerns with the other parent and/ or anyone else who has parental responsibility for your child(ren). 
    You may find that there is common ground, and you agree that changing school is in your child’s best interest. 
    If you require assistance in broaching this conversation, you may wish to consider contacting a mediator or lawyer to help you talk about your opinions on the current school and the proposed alternative.
    If you cannot reach an agreement, then it is open to you to refer the matter to the court by way of a Specific Issue application. The court will consider both parent’s positions and order where the child(ren) should attend school. 
    If you are not the child’s parent, but you have parental responsibility, you are the child’s guardian, or you are the person with whom the child(ren) lives as per a Child Arrangements Order, then you may apply for a Specific Issue Order. 
    If you are unsure if you fall into one of the above categories, it is best to check with a lawyer before making your application. 
    Considerations for separated parents choosing schools
    When deciding any children matter, the court will be guided by the welfare checklist, as set out in s1(3) Children Act 1989. 

    The court’s primary concern is the welfare of the children. Would moving school really be in their best interest? 

    Some of the factors that the court will consider are the wishes and feelings of the child(ren) dependent upon their age and understanding, their physical, emotional and educational needs, the likely effect of the change of school upon them, their age, sex and background, and any harm that the child(ren) may be exposed to. 
    When approaching an application for a change of school, you should consider the practicalities of the change, such as how the child(ren) gets to and from school, academic credentials, pastoral factors, such as access to learning support and funding (if applicable). 
    Points to consider 
    Change of schooling can be approached as a standalone issue, irrelevant of whether you are the child’s primary carer. 
    If you have parental responsibility, you have the right, duty and obligation to decide how your child(ren) is educated. 
    The primary focus of any application regarding children should be to act in their best interest with full consideration of their welfare.
    Get in touch 
    If you would like advice as separated parents on choosing schools, please contact our Client Care Team here, who can put you in contact with a specialist child law solicitor.
    Jennifer is an Associate Legal Executive based in our Manchester & Preston offices. More

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    Can the court force you to vaccinate your children?

    Can the court force you to vaccinate your children?
    The continuing roll-out of the Covid-19 vaccination programme has brought back the debate on the safety and long-term implications of administrating vaccines.  
    Similar to when Andrew Wakefield released his false conclusions that the MMR vaccine could be linked directly to autism,  a minority of people fundamentally opposed to vaccinations have found a voice. 
    The speed at which vaccines for Covid-19 have been approved appears to be at the root of concerns. People who may have previously been pro-vaccine may now have doubts – particularly parents considering vaccinating their children. 
    And while children are not currently in line to receive the vaccine, the current situation shines a spotlight on the difficulties they face if separated parents have very different beliefs about childhood vaccinations.
    The law on vaccines
    Vaccines are not compulsory by law.
    However, there have been several recent court cases that have dealt with childhood vaccinations, including Re H (A Child: Parental Responsibility: Vaccination[2020], a case where a local authority wanted to vaccinate a child in its care against the father’s wishes; and M v H and P and T [2020] EWFC 93, a private law case where the judge ruled that NHS scheduled vaccinations (i.e. MMR and others) were in the best interests of the children despite the mother’s objection. 
    The general principles from the family court are that if the vaccine is approved by the regulator and in the child’s best interests, the court will almost certainly rule in favour of administering the vaccine. 
    Putting aside the arguments for and against, from a child law perspective, this issue is no different from other issues that can arise between parents regarding what the law terms as “specific issues” about their children. These include decisions about which school they should go to, what religious education they should receive or the medical treatment they should have. 
    So what options do you have if you cannot agree on ‘specific issues’ with your ex-partner? 
    Resolve between yourselves 
    The best approach, if possible,  is for parents to agree directly with each other on any arrangements and specific issues as they are the right people to make decisions concerning their children.   
    Family counselling or mediation
    However, this is not possible in certain situations, and the introduction of a neutral third-party can help. 
    Some separated parents can benefit from family counselling and other alternative dispute resolutions services, including mediation and collaborative law. 
    These routes can reduce the time and cost for everyone, avoid protracted court proceedings, benefit future relationships, have a far higher success rate, and put the child’s best interests first. 
    Going to court 
    If all else fails, then the decision will have to be passed to the family courts. 
    The Court can order what is known as a Specific Issue Order under Section 8 of the Children Act 1989. 
    In these circumstances, the Court will have to determine the issues based on what it believes to be in the children’s best interest and not necessarily what the parents want.  
    The court has particular regard to the factors at section s1 (3) of the Children Act 1989, the welfare checklist, namely:
    Wishes and feelings of the child concerned (considered in the light of his age and understanding);
    Physical, emotional and educational needs;
    Likely effect on him of any change in his circumstances;
    Age, sex and background;
    Any harm or risk of suffering;
    The range of powers available to the court 
    At the moment, children are not due to be vaccinated against Covid-19. However, if the Covid-19 vaccination is approved for children and added to the NHS list of childhood vaccination, we may see an influx of applications for a specific issue order for a child to have the vaccine being made to the courts. 
    Considering the current backlog at the family courts, exacerbated by the pandemic, where possible, it always preferable for parents to resolve matters outside of the courts. 
    Get in touch
    If you would like any legal advice as you cannot agree on ‘specific issues’ with your ex-partner please do contact our Client Care Team to speak to one of our specialist divorce lawyers here.  More

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    Support for domestic abuse victims during lockdown

    As we mark White Ribbon Day (25th November) and the start of the UN’s 16 Days of Activism, we revisit a blog written by Shanika Varga, a Senior Solicitor at our office in Leeds who explains five ways victims can access support for domestic abuse during the lockdown
    Support for domestic abuse during lockdown
    Most households in the UK will be closely following the developing situation with COVID -19 with worry and concern. In a time where people are being encouraged to isolate at home, my thoughts turned to many of my existing clients, male and female, who may be self-isolating in an abusive relationship.
    Having practised family law for many years now, I have acted on behalf of countless victims of domestic abuse. The ever-changing situation with COVID -19 is worrying for all of us, particularly those with underlying health conditions.
    However, I am sure it is playing on the minds of those men and women who are in domestically abusive relationships (whether that be with a spouse, family member or other person). In the coming months, it is likely that the number of people self-isolating will increase significantly and this for many could be the catalyst for a dangerous environment.
    The impact of isolation on domestic abuse
    Many abusers use isolation as a means of control. Keeping their partner or family member away from family and friends keeps the suspicion of others at bay. The current situation may also increase physical violence in the home for those in abusive relationships.
    This could be because the abuser has less concern that marks resulting from physical violence will be noticed or due to rising tensions in the family home resulting from people being in closer proximity for longer periods of time.
    Most people will find staying at home for long periods taxing but when you add someone who potentially has anger management issues it could be a dangerous environment for many people.
    Self-isolating in an abusive relationship with coercive control
    Domestic abuse goes further than physical violence, coercive and controlling behaviour was criminalised in December 2015 and we are seeing an increasing number of cases of emotional, financial and coercive control.
    Victims may find themselves being controlled by their abuser taking advantage of the worry of the virus or quoting financial concerns such as potential job losses, lack of access to resources etc as a reason to control. The difficulty with this form of domestic abuse is that it is often much more difficult to recognise for victims and their friends and family.
    What help is available for people self-isolating in an abusive relationship?
    If you are in immediate risk, you should call 999 and the police will be able to assist.
    Domestic abuse has been criminalised and therefore, the police, where appropriate may take both protective actions and consider prosecuting abusers.
    There are local and national charities that are able to provide refuge and emotional support during and after the process during this outbreak. For example,  if you, or someone you know, needs support and advice, you can contact Women’s Aid via the Live Chat here. There are more useful contacts at the end of this article.
    I have stayed in close contact with local agencies and one of the most important pieces of advice they gave was for those who are aware they are in potentially dangerous situations, to ensure they had a plan in place. Pack a bag with clothing essentials, money, phone and charger, and their passport and let a friend or family member know that they will be their “safe space contact” if anything were to happen. I appreciate it is not always so easy to hide a packed bag in the house, however, where possible, other arrangements such as somewhere to stay or a friend who knows that they may need to come and collect you and an agreed place to do this should be made.
    Throughout this COVID-19 outbreak,  all Stowe solicitors are able to work remotely including telephone and video appointments to ensure we are able to continue to help our clients.
    The courts are keeping the situation under review but many already have conferencing facilities to enable business as usual. This, of course, may change, but for the time being, courts are still open and it is understood that steps are being taken to ensure facilities are available where necessary. You can read the latest update here.
    Legal options for people experiencing domestic abuse
    There are civil remedies available by way of non-molestation orders (NMO) and occupation orders (OO).
    A non-molestation order
    Molestation involves any form of physical, sexual or physical molestation or harassment that has a serious impact on allegers health and wellbeing or the health and wellbeing of any children.  Molestation is not only defined as violent behaviour it may be other forms of behaviour.
    A non-molestation order provides protection from this behaviour, intimidation and general communication including text messages, emails and phone calls as well as direct contact. It can be extended to include a reference to not damaging any of your property and can in some circumstances, protect children. 
    It will also prevent and prohibit a party from using or threatening violence and can contain very specific provisions based on the particular type of abuse. 
    The order can also provide regulation to prevent one party from entering the house or certain rooms in the house. This can be used as an alternative to an occupation order and would be something to consider when self-isolation is necessary and in place.
    A wide range of people can apply for protection, from spouses to students living in the same house. A solicitor will explore whether a person falls into the permitted categories during their initial appointment.
    Applying for a non-molestation order
    To proceed with an application the necessary court form will be completed together with a witness statement setting out in detail what has taken place. 
    An application can be made to court either ‘on notice’ (the other person is given a prior warning) or ‘without notice’ in urgent situations where safety is at risk.
    A middle ground of ‘on notice but urgently’ can also be considered in certain circumstances such as if bail conditions are to run out in the next few weeks, as the immediate risk of harm is not present but there is justification to have the matter dealt with quicker than usual.
    The court will tend to err on the side of caution so where applications are made without notice or urgently, the protection sought will usually be made in the interim.
    Where orders are made without the other party being aware, they will need to be personally served on the other party by a process server. This means they are physically handed to them so as to prove they are aware of the order and cannot later deny knowledge to justify a breach. Copies are also sent to the police.
    More detail about the court process will be provided in an initial meeting with a solicitor but where an agreement cannot be reached between parties via legal representation, a Judge will hear evidence at a later date and will decide whether to grant the order or not.
    Typically, non-molestation orders last for a period of 12 months. They can be granted for longer but they are not usually indefinite. If, after 12 months the behaviour prevented in the order starts again, then a further application for an order would be made.
    In deciding whether to grant a non-molestation order the Court has wide discretion.  The Court will consider all the circumstances of the case including the need to secure the health, safety and wellbeing of the victim and any child.
    The Court will consider whether there is evidence of the molestation and whether the party and/or the children need protection and judicial intervention is required to control the abuser’s behaviour. 
    In considering the above the Court will regard the allegers health which includes both physical and mental health. 
    Breach of a non-molestation order is a criminal offence and the police can arrest someone who is disobeying an order.
    Occupation order
    This order sets out who can live in the family home (or certain parts of it) and can also restrict someone entering the area surrounding the home.  An occupation order will not affect the other party’s financial interest in the home, it will simply regulate who can live in it.
    It is the same application form as the non-molestation order.  The process for the occupation order will run alongside the process for the non-molestation order.  It is unlikely that an occupation order will be made in the interim. However, protection is often provided by the non-molestation order. 
    The approach to the ‘without notice’ applications for non-molestation orders is different to ‘without notice’ applications for occupation orders. 
    It is recognised that a person has no legal right to inflict or threaten violence or harm against someone else therefore a ‘without notice’ non-molestation order does not infringe on legal rights. 
    However, an occupation order overrides proprietary rights to a property.  The Courts have therefore stated that an order to exclude someone from a property that they have a right to be in should seldom be granted without notice.
    In deciding whether to grant an occupation order the Court will consider whether the alleger and any children are likely to suffer significant harm as a result of the other parties behaviour or conduct if an order is not made. 
    This will be balanced against any harm that the other party is likely to suffer if the order is made.  If the harm the other party will suffer is greater than the harm likely to be suffered by the alleger and any children then the Court will not make the order.  This is known as the balance of harm test.
    The Court will consider the effect of the other party’s conduct on the victim and any children rather than concentrate on what their intention was.
    The Court will also give consideration to each of the parties housing needs and housing resources, their financial resources and the likely effect of any order or decision not to exercise its powers on the health, safety or wellbeing of the alleger and any children. 
    The Court will also give consideration to both parties conduct.  This will include considering whether either party can afford to rent somewhere else or whether there is somewhere that they can stay, for example with a family member. The Court can make an order for an indefinite period of time or for a term. 
    Self-isolating when it is not safe
    I am very concerned about the safety of people experiencing domestic abuse during any period of isolation especially as it can make it harder to access help during these conditions. 
    However, please be assured that support is still available. I have gathered together some useful organisations who can provide you with information and support.
    National Domestic Violence Helpline – 0808 2000 247
    The Men’s Advice Line, for male domestic abuse survivors – 0808 801 0327
    The Mix, free information and support for under 25s in the UK – 0808 808 4994
    National LGBT+ Domestic Abuse Helpline – 0800 999 5428
    Samaritans (24/7 service) – 116 123
    Please note that Stowe Family Law does not necessarily endorse the organisations listed.
    Get in touch
    If you are self-isolating in an abusive relationship and would like support for domestic abuse during lockdown and your legal situation, you can find further articles here or please do contact our Client Care Team to speak to one of our specialist domestic abuse lawyers here. More

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    Making arrangements for children during Christmas and COVID

    Child arrangements during Christmas and COVID
    As we approach the end of what has been a truly eventful year, most of us are hoping the Government will relax lockdown rules so we can spend Christmas with family and friends. 
    Time with loved ones has never felt so important, but, for separated parents, Christmas can be a time of tension, as plans need to be agreed about where and how children will spend the festive season.  
    Never mind the need to factor in the impact of COVID19 and, as yet unknown, lockdown restrictions.
    So, we asked our Regional Director for Yorkshire, Rachel Roberts, to share her advice on child arrangements during Christmas and COVID.
    COVID, child arrangements and Christmas 
    When Boris Johnson announced the first lockdown back in March, one of the things we noticed at Stowe was a sharp increase in enquiries from separated parents who were struggling to agree how to manage the impact of the pandemic on the current child arrangements in place. 
    This increase in enquiry levels continues as lockdown rules have become more complicated and there have been increased periods of self-isolation as children returned to school.  
    As we approach Christmas, we are seeing a flurry of clients getting in touch for help to try and resolve arrangements for the festive season. This happens every year, but this year, with the impact of Covid and parents often having different ideas around what degree of mingling with other households is likely to be acceptable, the number of concerned parents making enquiries is higher than ever. 
    Before I turn to my tips on how best to manage arrangements, there are a couple of key points from the Government and family law sector that are certainly at the forefront of my mind when advising clients.
    In September, a leading family judge made it clear that parties should only be bringing disputes over children to court where absolutely necessary. The judge went on to criticise parents for asking the court to micro-manage children arrangements. 

    The view from the court is clear – where possible you should be sorting these things out yourself.

    It is too early to tell what lockdown restrictions will be in place at Christmas. However, to date, the Government has been clear that none of the restrictions prevents children from moving between separated parents, provided they are not self-isolating. 
    It seems unlikely that this will change, and CAFCASS (the government body that advises the court on children disputes) has stressed the need for children to maintain their usual routine.
    All that said, it is naive to think that difficulties will not arise, and the following guidance may help avoid unhappiness at Christmas.
    Tips for making child arrangements this Christmas 
    Preparation is key

    With the added unknown of potential lockdown restrictions, trying to put in place arrangements for Christmas in advance is tricky.
    If you do not have plans in place now is the time to start. Talk to your ex-partner and agree on arrangements that work for you all.
    Some clients I have worked with agreed that the children would spend Christmas Eve at one home and then return to the other for lunch on Christmas Day through until the 27th.
    Other clients decided that they would spend the whole festive period with one parent and the next year spend it with the other, alternating between the two.
    It is a personal choice based on what works for your family, but also the age of the children, location and how amicable you are.
    And this year, more than any other, be prepared to be flexible as plans may need to change. 

    Focus on the children 

    First and foremost, put the children at the heart of the plans you make. A different type of Christmas can still be a good Christmas. Talk about the positive: two Christmas Days, two sets of presents etc.
    Make sure you share your plans with the children. Depending on the age of the children, ask them what they would like? Older children need to feel they have a voice. 
    Once in place, sharing plans with the children means they know where they will be throughout the holiday, and the routine will make them feel safe and secure.
    Creating a visual plan can help as dates can be difficult for a child to understand. One client created a Christmas themed wall planner for their younger children. A tech-savvy teenager may prefer a joint Google calendar.

    Be fair to the other parent

    If this is your first year as a separated parent, this will all feel very raw and difficult. It is likely that you will both be dreading not spending Christmas entirely with your children. 
    Even though it can be difficult, try to think about the impact of any plans on your former partner. Ask yourself if you would be happy with the proposed arrangements next year? If the answer is no, then maybe they should be reconsidered. 

    Stick to the plan

    This year will require a certain level of flexibility and last-minute changes as lockdown restrictions are not clear, but where possible, it is important that, whatever arrangements you come to, you both stick to the plan. 
    Last-minute changes can cause feelings of disruption and uncertainty for children. And, whilst flexibility is an essential part of positive child arrangements, it is important to maintain consistency and provide stability.

    Get advice early, if needed

    Christmas is chaotic and organising a co-parenting schedule on top of everything else is never going to be easy, especially if communication between you and your ex-partner is difficult. 
    If you are struggling this year, take advice from a family lawyer who can try to assist in negotiating an agreement. 
    If you cannot reach an agreement, mediation can help as the presence of a 3rd party often eases tensions and result in finding common ground. 
    Mediation is still taking place via video conferencing, and many of our clients have reported that it is easier than being in the same room as their former partner.
    Court proceedings are possible but should be used as a last resort, and, due to the current strain on courts from the pandemic, it is highly unlikely that you have any prospect of a contested hearing before Christmas. 

    Hopefully, these tips, combined with some careful planning, compromise and putting the children first,  will help you and your ex-partner move forward towards a harmonious Christmas.
    Get in touch 
    If you would like any advice on child arrangements during Christmas and COVID, or other family law issues, please do contact our Client Care Team to speak to one of our specialist divorce lawyers here. 
    This article was first published in 2018 and has since been updated.  More

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    How will a second lockdown impact relationships

    Sarah Jane Lenihan, Partner at our London Victoria office shares her thoughts on the impact of lockdown one and the potential long-term implications for relationships as we enter the second lockdown.
    How will a second lockdown impact relationships
    There was little shock felt as lockdown part two was announced by Boris on Saturday (31st October). It had been on the cards for a while and felt inevitable once our European neighbours reported theirs.  
    For some very little may change, but for others, this further restriction to freedom could be life-changing and have long-term implications for their relationship. 
    At Stowe, when we first went into lockdown back in March, we saw an initial dip in enquiries before steadily rising to an average increase of 30% during the summer months compared to those last year (with a peak in August of 41%).
    As family lawyers, we questioned whether this peak was due to people pausing their original plans to divorce in the early months of the lockdown before picking them back up as restrictions lifted or whether in fact, the pressures of lockdown led to an increase in relationship breakdowns. 
    As we enter a second lockdown, I do not believe that we will see the initial dip that we saw last time as the way lawyers and family courts work has become a familiar situation. People are now used to accessing services remotely, and ongoing cases will continue. 
    However, the extra pressure of a second lockdown could push already strained relationships towards separation or divorce.
    Surviving the strain of a second lockdown
    Has the novelty of working from home, having additional time to pursue hobbies such as yoga or baking that life was too busy to do before worn off?  
    Will we see the extra strain on parties’ relationship and an increase in separation or will we find that couples have survived this for much longer before and these few weeks will be a breeze?  
    Our experience from clients is that facing the long-term implications of lockdown: financial difficulty, emotional wellbeing, health worries, differing approaches to the risk of the virus and being unable to socialise, are adding an extra strain on couples’ relationships.
    This is backed by research undertaken by Stowe earlier this year which revealed that a lack of personal space topped the list of pressures people felt living with a partner (17%)—closely followed by mental health and financial difficulty (16%).
    Other pressures such as work stress (13.5%) and finding a partner irritating (13%) were also common factors.
    Isolating in an abusive relationship
    Sadly, the impact of a lockdown for those isolated in an abusive relationship can be devasting. 
    During the first lockdown, tragically, ten women and two children were killed at the hands of their abusive partners.
    For those people in abusive relationships, a second lockdown is petrifying with the thought of a further five weeks without being able to escape.
    However, for anyone in this situation, please be aware that the government guidance is very clear and household isolation instructions DO NOT apply if you need to leave your home to escape domestic abuse, regardless of what your partner may say. 
    It became very clear during the last lockdown that resources are severally underfunded, and many urgent calls were made to the government to rectify this. 
    Help and support are available – you can find a list of resources on the Women’s Aid website and how a family lawyer can help here. 
    Family lawyers and the courts continue to sit and are fully operational, so if you need support, please do not hesitate to contact one of our specialist family law experts to guide you through this difficult time.
    If you or someone you know is in immediate danger, you must contact the police immediately on 999.
    Further support 
    If you are finding the second lockdown tough you can access further articles on surviving lockdown here or for recommendations for counsellors and therapists that can offer additional support; please do access our Divorce Directory.
    Get in touch 
    If you would like any advice during the lockdown, please do contact our Client Care Team to speak to one of our specialist divorce lawyers here. 
    We are offering virtual consultations for anyone needing family law or divorce advice and all clients.
    To arrange your consultation, call us on 0330 404 6063, and we will book in an appointment at a time to suit you. More

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    Separated parents in lockdown

    Separated parents in lockdown: Yesterday, (10 June 2020) the Prime Minister announced his further plans to ease the country out of the lockdown which included allowing single-parent families (with children under the age of 18) to mix with other family members in what has been described as a ‘bubble’ with effect from one minute past […] More