Ten Tips for Supporting Children Through Divorce

Ten Tips for Supporting Children Through Divorce

Ten Tips for Supporting Children Through Divorce

Divorce or separation, no matter how essential, can be profoundly challenging for all family members involved – and few feel the impact so significantly as children.

The team at Elaine Parkes Solicitors deals with all manner of separations and divorces, at every stage of the amiability spectrum.

We appreciate that every parent wants to ensure their children come out of the situation feeling safe, grounded, and confident that they know what the future holds.

While each family is unique, and every divorce will be a different experience, there are several things you can do to make sure your children know that they remain a top priority for both parents.

It’s also vital to remember that you are far from alone – and there are lots of resources and support groups out there who can provide valuable advice to assist your family throughout the divorce process.

  1. Consider Whether Children are Exposed to Divorce Conflict

In some cases, couples agree that they wish to divorce, and everybody remains on good terms.

However, it is extremely rare to have no animosity, particularly where financial settlements, child support payments, and dissemination of assets and custody are concerned.

The key here is to ensure that children are never exposed to contentious conversations, conflict, or arguments.

By limiting negotiations to an official setting, you both safeguard your children from unnecessary anxiety and can also maintain a friendlier relationship with your ex-spouse by protecting your homes as places of calm.

  1. Make Space to Discuss Your Children’s Feelings About the Divorce

No matter what emotions you might be experiencing your children will doubtless have their own. It is normal to feel sad, angry or upset – and these might be emotions your children have too and need to be able to sound out.

Children involved in a divorce can feel loss, worry, stress and confusion, and it is essential to let them share those feelings, and know that both parents understand how they feel.

By knowing what your child thinks, you are in a better position to co-parent as a united front, no matter what the situation in your relationship might be.

  1. Maintain Communication with Both Parents

One of the most common concerns of children is that they will lose something following a divorce – usually not seeing one parent, or living primarily with one person and not having as regular contact with the other.

Even if you and your ex-spouse are in agreement about where the best place is for your children to live, and you are satisfied that the decision is best for everyone, that does not mitigate worries that your child might be harbouring – and even trying to conceal for fear of upsetting their parents at a vulnerable time.

Try to do everything possible to keep up contact with both parents, and ensure your children know how and when they can speak to their Mum or Dad.

  1. Keep a Reliable, Consistent Routine

As a parent, you know that children are resilient and adaptable. If they know what is happening, when and how, they keep control of their understanding of the situation, which can alleviate a great deal of stress.

Be predictable, and agree to a routine that your children can become familiar with.

If they enjoy a regular weekly activity or visit their grandparents for Sunday lunch, for example, try to keep that up so that while some significant changes might happen in their lives, there are still other things that stay consistent.

  1. Expect Challenging Behaviour, and Have a Plan for How to Deal with It

Particularly if you are sharing custody, or have a co-parenting agreement in place, you need to make sure you and your ex-spouse are on the same page.

It is perfectly normal for children to act out during a divorce, with emotions running high.

There is every chance that a child will feel angry or perhaps act out of character to get attention if they feel insecure.

For both parents, agree on what your strategy will be.

Angry children need love, reassurance, and to feel safe, so make sure that they know that it is ok to cry or feel upset. Decide how you will manage bad behaviour so that your children still see both parents as a unit, even when they are living apart.

  1. Don’t Lose Touch With Other Family Members After Divorce

Spending time with your in-laws during and after divorce proceedings might not sound appealing. However, from a child’s perspective, remember that all their family members matter.

Think about how often your children see grandparents, family friends and other relatives, and build time into your schedule and routines to maintain that contact.

If arrangements for celebrations such as birthdays or Christmas are going to change, try to identify a good time to make a visit or allow relatives contact.

By doing so, children won’t worry that they will lose those valuable connections.

  1. Never Involve a Child in Disagreements or Negotiations

The ideal scenario is where a child has an equally loving, stable relationship with both their parents. While it might be intriguing to know what an ex-spouse is doing, particularly if you are going through tense settlement negotiations, your child is never the right person to ask.

Ensure that your children are never treated as a go-between, even if the intentions are good, and don’t ask them to take sides, or make a choice about who to live with if they aren’t emotionally mature enough to make that decision.

In some proceedings, the Family Court might ask a child to express a preference about their future living arrangements.

Still, it is usually best not to pressure a child to make such a massive decision unless the courts feel it appropriate.

  1. Be Honest With Your Children About the Divorce

It is natural for parents to shield their children from the reality of a divorce – but even young children will know something is happening.

The truth is often far easier to manage than any imaginary scenario they might conjure up, so always be truthful about the fact that their parents are divorcing.

Open, honest conversations can be tough but are vital to your children’s feelings of stability.

Suppose you have explained what is happening in as straightforward a way as possible and allowed your child plenty of time to think about it and ask any questions they may have. In that case, you are putting their feelings first and alleviating any stress that can arise from uncertainty.

If there is another adult in their lives that they love and trust, ask if they would be prepared to spend time alone with your children to encourage them to ask any other questions they feel unsure about asking their parents.

  1. Tell Your Children About the Divorce Together

Telling children that their parents are splitting up can feel overwhelmingly hard – but if you can tackle this conversation together, you set the tone for the future.

Consider how you tell them, what language you use, and how much information to disclose about the reasons behind the divorce, as this should always be age-appropriate and something they can understand.

Never place blame – even if there is a serious issue involved with the divorce. You need your children to feel informed about what is taking place, but not think that it is either parent’s fault.

  1. Seek Support – For Yourself And Your Children

Finally, remember that it is always braver to ask for help if you need it than to try and go it alone.

Divorce can be challenging for so many reasons, and if you feel that you are struggling to cope, or that your child isn’t managing the situation well, never hesitate to reach out for support.

Many agencies and organisations offer professional support, from counselling to talking groups, support hubs to parenting resources.

For further advice about making the experience of divorce manageable for your children, or recommendations for where to access support to steer you through the world of parenting while divorcing a spouse, do get in touch – we are here to help.

Lockdown Separations – How to Move Forward Successfully

Lockdown Separations – How to Move Forward Successfully

Lockdown Separations – How to Move Forward Successfully

Separating from any relationship at any time can be tough, emotional, and challenging.

Whether there are children involved, or property and joint ownership assets, unpicking your connection with somebody you have been close to is difficult at best.

Amid the Coronavirus pandemic, this situation may feel even more fraught. Hastings and Rother have gone from a summer of the lowest cases in the country to being a hotspot for surging incidents over the winter, and this climate of tension has poured over into many of our personal lives.

In this article, the Elaine Parkes Solicitors team has drawn up some advice and guidance to help you navigate a separation during the lockdown, with the benefit of our experience of ways to smooth the transition during such a tumultuous period.

Should you need further assistance, or a professional consultation concerning divorce proceedings, Family Court issues or any aspect of separation, do get in touch with our teams in Hastings or Brighton for a private discussion about how we can help.

Five Short-term Steps for an Amicable Separation During Lockdown

Initially, we would recommend looking at what you can resolve, rather than focusing on the bigger picture.

Lockdown restrictions and tiers are reviewed in most cases every two weeks, so there is no telling whether some things, such as selling a house, may become significantly more straightforward in the weeks ahead.

Let’s take a look at the immediacy of the separation, and what actions may be possible to provide some balance and calm and ensure that the separation can begin to move forward:

  1. Mortgage payments are often a significant issue in a separation, and similar concerns may apply to joint tenancies if you live in a rented property. In either case, we would advise contacting your landlord or mortgage provider. Many lenders can offer mortgage holidays, and there are options such as housing benefit, temporary accommodation and rental breaks to help you cope financially.
  2. Childcare arrangements are another primary factor where you have children together. It’s best to think about this straight away to avoid confusion or worry on your children’s part. Even if just a temporary agreement about where they will stay, taking action will help restore some control if you and your ex-partner know what the arrangement will be for now.
  3. Consider any social distancing impacts. If either you or your partner is self-isolating or has underlying medical issues that impact your ability to move into separate homes, you may need to think about alternatives. In some cases, there is support available, and if you do need emergency housing or are at increased risk of COVID-19 for any reason, reach out to the local authority for housing support – or give us a call. We’ll recommend the safest courses of action.
  4. Apply for benefit entitlements. Benefits can range from housing to council tax relief, and there is a range of support options open to residents across East Sussex, particularly vulnerable people. A separation can be emotionally and financially draining, so it’s always wise to check what benefits you are eligible for and use that help when you need it most to tide things over until you have finalised the separation terms. For example, if you and your ex-partner live together and one of you is moving out, you can apply for single person Council Tax relief. Other benefits include Universal Credit and tax credits.
  5. Think about banking arrangements – many couples have a joint account, and this practicality can be something much more manageable to remedy than might appear. Banks will have procedures in place to assist, and it’s best to act now to split out your income, savings and benefits to avoid creating a jumble of mixed finances later on.

If you’re finding the separation overwhelming, remember that these things can take time, and there needn’t be a chaotic rush to eliminate the presence of your ex-partner from your life.

By making lists and dealing with one factor at a time, you avoid adding to the inevitable stress of a separation and systematically manage those things you can deal with.

Separation Delays During the Coronavirus Pandemic

Given that much uncertainty surrounds many aspects of our lives right now, throwing a separation into the mix can feel like a lot to handle.

However, it’s worth remembering that divorce and separation proceedings can still proceed – even if some of the final details may be postponed until the Family Courts resume standard capacity.

The Elaine Parkes team can assist with any aspect of your separation agreement or divorce proceedings; there are lots of things you can do while respecting social distancing guidelines and lockdown instructions, for example:

  • Divorce applications can be submitted online via an online divorce portal at any time – so there is no need to postpone the initial application.
  • Some courts are closed or at reduced capacity. Therefore online applications are a faster method of beginning proceedings, and by getting your affairs in order via online and remote services in the interim, everything will be finalised quicker.

While Family Courts are open in some cases, there is likely to be a backlog over the coming months. Alongside that, if you require a divorce, there is a fixed waiting period of six weeks and one day between the Decree Nisi being granted, and the divorce petition moving onto the Decree Absolute stage where the marriage is officially dissolved.

Therefore, the best way to successfully move forward is to seek professional advice, have a clear idea of the timescales involved, and resolve any financial complications since a formal separation cannot conclude until such matters have been settled.

Considerations for Separating Couples Cohabiting During Lockdown

If you find yourself living together as a separated couple, and are unable to move due to lockdown, you can still reach some initial agreements – but it is vital to document why this situation has arisen.

In this case, please speak to our team about distinguishing your living arrangements on your statement required to apply for the Decree Nisi (the court order that confirms you are entitled to get divorced), or drawing up a Separation Agreement to lay out your respective terms and agreements.

This statement is essential, since typically where divorce is necessitated, a court will ask for information about your living arrangements, which for a separating couple usually means living apart with minimal communication.

By creating a statement that identifies why you have remained living in the same property but as a separated couple – due to limitations on movements due to localised lockdown restrictions, for example – you can avoid any unnecessary queries further on in proceedings.

Such a statement might explore factors such as:

  • Eating separately.
  • Being responsible for your own washing.
  • Sleeping in different rooms.

For more advice with separations during a lockdown and access to resources and support to help you through this difficult period, get in touch.

The Elaine Parkes offices are based in Hastings and Brighton covering all of the surrounding areas.

You can get in touch via email or telephone to discuss your separation, with many remote and digital options available to keep things moving, even during lockdown – so that you can take control of the situation, and start working towards a fresh start and a positive future.

No Fault Divorce – Is It Time For Change?

No Fault Divorce – Is It Time For Change?

NO FAULT DIVORCE – IS IT TIME FOR CHANGE?

At Elaine Parkes we understand that family law matters are often highly emotive, especially where young children are involved, and require a comprehensive knowledge of the law. In 2018 a particular divorce case raised a lot of points for discussion, the main one being is it time for a no fault divorce? We have shared our thoughts and opinions on this topic.

The Family Law Act 1996, which was introduced by the Conservative government, provided the introduction of no-fault divorce in England and Wales.Last year there was a lot of discussion in the media about no-fault divorce, with the Owens case. Mrs Owens petitioned to divorce her husband of 38 years owing to his ‘unreasonable behaviour’, Mr Owens disputed this and the Trial Judge refused her divorce petition. Mrs Owens appealed the decision up to the Supreme Court. They could not help. They would not interfere with the Trial Judge’s findings (although many of us practitioners did) as he was the one to make the important decision and the lower court was applying the law as it has been since 1973.

A no-fault divorce refers to a type of divorce in which the spouse who files for divorce doesn’t have to prove any fault on the part of the other spouse.If you’re looking to divorce, you might be surprised to know that ‘no fault’ divorce doesn’t exist, unless the other person agrees after a period of 2 years’ separation or you have been apart for over 5 years, otherwise you must satisfy the court that your spouse is in the wrong. In order for a divorce to proceed, a party must prove to the Court that the marriage has irretrievably broken down. In order to do so there are currently five legal facts you can use:

  • Adultery
  • Unreasonable behaviour
  • Desertion for over 2 years
  • Two years separation with the consent of both parties
  • Five years separation

Consequently, unless you can prove your partner has committed adultery or you have been separated for two years or more your only option for divorce is for you to wholly blame the other’s behaviour for the breakdown of the marriage, even if nobody is at fault and you have both agreed to separate.  This often creates conflict which sets the divorce process back, which can delay the financial aspects of the separation and could have an impact on any child arrangements.A change in the law to allow no fault divorce would help a lot of people who want to divorce amicably and without further drama. As a firm we support the campaign of Resolution, a community of family justice professionals who work with families and individuals to resolve issues in a constructive way. Resolution have been campaigning for this for years.

If you are considering divorce, it is very important to seek legal advice. Many people often listen and talk to friends and family for advice. However, each family is unique and each divorce will be different, as it depends many different factors. At Elaine Parkes, our family law solicitors will be able to advise you on dealing with the breakdown of a marriage or civil partnership.

If you need help with family law, contact Elaine Parkes on 01424 883 183.

Harassment in the Workplace

Harassment in the Workplace

HARASSMENT IN THE WORKPLACE

At Elaine Parkes we understand that employment law issues can be very sensitive and a stressful process for victims, we always aim to establish a resolution through non-adversarial means, such as mediation. Our experienced Employment Law Solicitors have put together a guide on harassment in the workplace and what you should do if you are a victim of harassment.

Your employer is required by law to protect you from any form of discrimination that you could face during working hours. Discrimination can have a detrimental effect on the work place environment and should never be overlooked.

The Equality Act 2010, protects employees from being harassed by their employer, colleagues and customers of the organisation.

The nine protected characteristics are:

  • Age
  • Disability
  • Gender reassignment
  • Sex
  • Sexual orientation
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race, colour, ethnic or national origin
  • Religion and belief

Your employer should have a policy that explains that they have zero tolerance as an organisation for harassment and bullying. It should also clarify what you need to do in the event of needing to make a harassment complaint.

Common workplace harassment examples include:

  • Spreading rumours.
  • Insults, pranks, jokes, and teasing.
  • Flags and emblems that are offensive.
  • Unwelcome sexual advances.
  • Undermining a competent employee with criticism on a continuous basis.
  • Offensive emails, tweets, and social networking interactions.

If you are being bullied or harassed, you should aim to try to resolve the problem informally in the first instance, having a discussion with the harasser (with someone else present) could be all that’s needed. Keep a copy of all the correspondence and dates you send and receive from the harasser.

If you find the harassment doesn’t stop or your employer doesn’t take your complaint seriously, you should make a formal complaint or raise a grievance. Your employer may offer workplace mediation. If your problem isn’t resolved after this, you can make a harassment claim in the employment tribunal under the Equality Act. You need to make sure:

  • the behaviour counts as unlawful harassment under the Act, and
  • you’re within the 3 months’ less one day time limit for making your claim.

The Employment Tribunal can make a declaration as to your rights, award damages for unlawful discrimination, or make a recommendation.

An Employment Law Solicitor can explain the legal rights you have and where necessary what action to take.

If you feel you have been bullied or harassed at work, contact our Employment Law Solicitors to determine whether you can take legal action to assist in resolving the issues you have faced.

If you need help with employment law, contact Elaine Parkes on 01424 883183

Flexible Working – No More 9-5?

Flexible Working – No More 9-5?

FLEXIBLE WORKING- NO MORE 9-5?

Interested in working in a way that suits you? You may want to consider flexible working.

YouGov recently conducted a survey which has discovered that 6% of people in the UK still work a traditional ‘9am to 5pm’ working day, 66% of people surveyed said that they would prefer to start and finish earlier.

Flexible working is a way for employees to work in a way that suits them and meets their needs. Flexible working is any type of working that is different to the standard 9-5 working day, this could involve different working times, working from home or even changing to job sharing.

If you’re an employee and have worked with the same employer for 26 weeks or more you’re entitled to make a flexible working request. There is no right to flexible working, but you can be considered for it.

How to request flexible working

There will be a procedure that you have to follow when putting in your request.  To start with, you’ll have to write your employer a letter/email, employers are allowed to take up to three months to respond to your request. You’re only able to make one working request each year.

In order to assist your case and make it more likely that the employer will agree to accepting your request, it may be helpful to explain the proposed new working arrangements, although it is not a legal requirement to state why you want flexible working hours. However, it will help to provide a solution, for example, if you want to work less hours suggest how you’ll reorganise the work load.

Refusal of flexible working

Employers must consider all working requests within 3 months unless you’ve agreed to a longer time frame. Your employer can reject flexible working requests for a number of reasons such as:

  • planned structural changes to the business
  • unable to reorganise work amongst existing staff
  • unable recruit additional staff
  • detrimental impact on quality/performance
  • detrimental effect on the ability to meet customer demand
  • burden of additional costs on the business.

If your employer turns down your request for flexible working, they should give you a good explanation of why they have made this decision, the reason should not be discriminatory.

Your employer should allow a right of appeal as part of the procedure.

If your request is denied and you and your employer can’t reach a compromise, there are a number of different options if you want to take things further including:

  • contacting ACAS or using alternative dispute resolution
  • raising a grievance via your employer’s grievance procedure
  • bringing a claim to an employment tribunal if certain circumstances apply
  • brining a discrimination claim
  • resigning and claiming constructive dismissal.

If you need employment-related advice, contact Elaine Parkes Solicitors on 01424 883183