Private Children Law in the UK encompasses legal matters related to the care arrangements and upbringing of children, typically involving disputes between parents following a separation. These disputes can range from child arrangement orders, alienating behaviours, domestic abuse, and relocation issues. Resolving these disputes can be challenging and emotionally taxing, making the choice of resolution method crucial. Often many individuals feel that as soon as an issue or disagreement arises their only option is proceeding to Court. This is no longer the case and there are various options available instead of an application to Court. Arbitration has emerged as a viable alternative to traditional court applications and offers several benefits.
Understanding private children law
Private Children Law focuses on the welfare of the child, ensuring their best interests are prioritised in any legal decision. Common issues addressed under this law include, but are not limited to:
- Child Arrangement Orders: Determining where and with whom a child will live and how much time they will spend with each parent.
- Alienating behaviours: Addressing situations where one parent may unjustifiably influence the child against the other parent which results in the child not wanting to spend any time with that parent.
- Domestic abuse: Handling cases involving allegations of abuse and ensuring the child’s safety.
- Relocation: Deciding whether a parent can move with the child to a different location, either within the UK or internationally.
Benefits of arbitration
Arbitration offers a private, efficient, and flexible approach to resolving family law disputes, including those under Private Children Law. Some of the key benefits include:
- Privacy: Arbitration is conducted in private, ensuring sensitive family matters remain confidential.
- Speed and efficiency: Arbitration is typically faster than Court proceedings. Hearings can be scheduled within weeks, and decisions are made shortly thereafter, compared to potentially lengthy Court processes and backlogs.
- Control and flexibility: Parties have more control over the process, including the choice of arbitrator, timing, and venue. This flexibility allows for a tailored approach to each family’s unique needs.
- Expertise: Parties can select an arbitrator with specialised knowledge in family law, leading to more informed and fair outcomes, whereas in Court Proceedings, you have no choice of who will hear your case.
- Cost-Effectiveness: While arbitration involves costs such as arbitrator fees, it is generally less expensive than prolonged Court battles.
Comment
Arbitration in Private Children Law offers a compelling alternative to traditional Court applications, emphasising privacy, efficiency, control, and expertise. By choosing arbitration, families can navigate disputes in a manner that prioritises the child’s welfare and their best interests while minimising the emotional and financial strain often associated with Court proceedings.
How can we help?
Rina Mistry is a Legal Director in our Family Law team, advising on a wide range of family law work, and in particular specialising in private children’s law, international family matters, and domestic abuse.
If you need any advice concerning the subjects discussed above, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our solicitors can provide along with details of our hourly rates.
For more information or advice, please call Rina or another member of our team in Derby, Leicester, or Nottingham on 0808 258 0461 or contact us via our online form.
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