LEGAL EAGLE: Guidance on dealing with child contact agreements when domestic abuse is involved
As a starting point, this is a difficult situation to be in. Generally speaking, a person who has parental responsibility over a child has a right to see that child and section 8 of the Children Act 1989 also determines that it is within the child’s best interest to have contact with both parents.
Mediation is one of the most recognised ways of resolving issues between parties outside of Court proceedings. This is conducted by an independent and neutral third party called a mediator. A MIAM request is a first meeting with a mediator to discuss what the issues are and if the case is suitable for mediation. This is done without the other party present.
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Hide AdWhilst mediation is encouraged by the Court to avoid the lengthy, complex and costly Court procedures, mediation is not always suitable. It is recognised that domestic abuse victims may not benefit from mediation as abuse can still be perpetrated even when in mediation. In many cases, the mediator will determine that certain issues are not suitable for mediation when there is domestic abuse involved.
Ultimately, it is up to each individual if they would like to attend the MIAM and discuss whether this would be suitable for mediation with the mediator. The initial appointment is free and you are able to voice your concerns at this stage. However, you are also in a position to decline the MIAM if you do not feel this is appropriate.
This does not mean that you need to apply to Court straight away. Court proceedings can be long and costly and this is not always a preferable option for domestic abuse victims. Another option can be to get a solicitor involved to negotiate contact arrangements with your ex-partner.
Negotiating through a solicitor will mean that there will be no direct contact between the parties. A resolution can be sought without the need for Court involvement. A resolution can include agreed times and dates that the child will be with your ex-partner and how handover can be conducted so that you do not need to put yourself at risk of any harm. If an agreement is reached, this can be recorded in a ‘Consent Order’ which is sent to a Judge and it will be enforceable.
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Hide AdA solicitor will also be able to assist with any applications to Court, if necessary as this will be a last resort, and additional options if you feel unsafe with your ex-partner. For further advice please contact us at Ben Hoare Bell LLP solicitors on 0191 565 3112 or email [email protected]. For further information visit www.benhoarebell.co.uk