Reflections on The Good Childhood Report 2012 and Collaborative Law
Posted by Nina Pantzaris on 20th February 2012
The Children Society has published a report in relation to its research finding on the well-being of children. The report highlights that a family environment is particularly important to a child’s happiness but it is the quality of the relationships within the family that are most important and far more important than the structure of the family that they live in. Other key findings are that, along with family, choice has the biggest impact on a child’s happiness and in addition children as young as eight are aware of the financial issues their families face.
The findings made in this report highlight the need for the parents to have a quality relationship, and this point applies even if the parents are separated. This seems to me a good time to consider the benefits of using collaborative law when a couple with children separate and where they are unable to resolve legal issues, whether in relation to Finances or Residence and contact. Collaborative law can be very helpful where the couple are committed to maintaining a good working relationship, particularly where they are doing so for the benefit of their children.
So what is collaborative law?
Collaborative law is an alternative to using the court. Collaborative cases are resolved without court intervention with both parties also voluntarily agreeing not to issue or threaten to issue an application to the court. This voluntary setting in itself usually reduces hostility and allows discussions to flow more freely.
In a collaborative case there will hardly be any solicitors’ letters and instead discussions will be held in meeting rooms in the presence of the couple and their collaborative lawyers with full participation from all involved. The meetings can last as long as the couple would like and each party will contribute to the agenda.
The aim of Collaborative law cases is to identify the issues important to the parties and to find as many options and potential solutions as possible. There are no restrictions on either party voicing their own opinion as to what they view is fair so long as it is said in a respectful way.
Respect, honesty and openness underpin the process.
The aim is that at the end of the process an agreement will be reached and this can be filed at court for the approval of the court without the parties having to attend a hearing. It is hoped that the process will assist the parties to resolve areas of conflict, achieve their objectives, and move on with their lives. The skills learnt in the process can also be applied by the couple whenever they have any further issues in relation to the children and it is hoped that they will be able to do so on their own without having to instruct the collaborative lawyers to assist. Clearly if one or other party feels that they do require further help then the collaborative process can be used.
A collaborative lawyer, in addition to being and experienced solicitor specialising in family law, is also someone who has undertaken additional training to learn the skills necessary to undertake collaborative law. The lawyers are all committed to reducing conflict in divorce and finding solutions to the issues in a balanced and respectful way. Collaborative lawyers work together to reach a settlement that is acceptable to both parties.
Professional input from other non-legal fields can be used in the collaborative law process, for example an independent counsellor could be used to ascertain the children’s views and find out what is important to them so that they are not overlooked in the process. Within the Children’s Society’s report the ability to make choices was highlighted as being very important to a child’s happiness.
I have noticed from my practice and from discussions with other collaborative practitioners that collaborative law is widely used by couples whose main concern is to handle the separation in a way which protects their children and to try to reduce conflict for the sake of the children.
Many people who undertake cases on a collaborative law basis comment that they have valued the professional advice they have received but also comment that they have felt comfortable in discussions as they feel that they take an equal part and they believe they have some control in the process.
We have four collaborative lawyers at Brachers and if you would like to know more about collaborative law and how it may be of benefit to you then please phone to request some further information or to talk to one of our collaborative lawyers for an informal chat. The Good Childhood Report 2012: A review of our children’s wellbeing can be found at www.childrenssociety.org.uk.
