What Happens if You Can’t Agree?

Parents will not always agree immediately about where a child should live or how much time they should spend with each parent.

Before making an application to the court, parents are generally expected to consider whether the disagreement can be resolved through mediation or another form of non-court dispute resolution.

Reaching an agreement directly

Some parents can resolve matters through direct discussion. Where communication is difficult, correspondence between solicitors may help identify the areas of disagreement and explore possible arrangements.

Any agreement reached can be recorded in a Parenting Plan, providing both parents with a clear framework to follow.

Family mediation

Family mediation allows parents to discuss arrangements with the assistance of an independent mediator.

The mediator does not decide the outcome. Their role is to help the parents communicate, identify the issues and consider possible solutions.

Legal advice can remain valuable throughout mediation. A solicitor can explain your legal position, help you prepare for meetings and advise you on proposals before an agreement is finalised.

Other forms of non-court dispute resolution

Depending on the circumstances, parents may also consider other processes designed to resolve family disputes without contested court proceedings.

Reaching an agreement outside court can provide parents with greater control over the outcome and may reduce delay, cost and conflict.

Where agreement remains impossible, an application for a Child Arrangements Order may need to be considered.

Elizabeth Stocker can advise you before, during and after mediation, assist with correspondence and help negotiate practical, child-focused arrangements. Where contested court proceedings become necessary, she can help refer your case to a trusted specialist children lawyer.