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Government announces Lasting Power of Attorney “revamp”
Lucy Bluck
Until now the Family Law Arbitration scheme, launched in 2012, has been exclusively for disputes relating to finance and property. The scheme has now been extended to include disputes relating to children, offering parents an out of court alternative.
The experience of attending court can often contribute to an already stressful time for parents. The introduction of the Child Arbitration scheme provides parents with a tried and tested alternative to the court. But why should you choose Arbitration? And is it all good news?
What does the Children Arbitration Scheme cover?
Arbitration is now available for disputes about:
At present, disputes involving local authorities or cross-border issues (such as relocation abroad) are not able to be arbitrated under the new scheme. However, if the scheme is successful, it is likely that the remit will be extended.
Why choose Arbitration?
Whether the parents are represented by lawyers or themselves throughout the process, Arbitration provides the platform to mutually agree arrangements without the need of the courts’ involvement or judgement. Key advantages include:
Are there any disadvantages?
Conclusion
The Child Arbitration scheme is a positive development which grants parents greater autonomy and control over their dispute and the option to resolve their issues more cost-effectively without sacrificing justice or independent review. The main obstacle that remains is to ensure that clients are aware of this new option and its advantages, of which there are many.
The court process, which is increasingly characterised by costly delays, is daunting to many and places further strain on already fractured relationships. In contrast, Arbitration can provide a more efficient, cost-effective route to a binding resolution. There has to be some element of agreement between the parents - they need to agree on the chosen Arbitrator, the venue, the process and the issues to be determined. In our experience, this foundation of agreement helps set the scene for a far more effective, less damaging route to a binding resolution for both the parents and children.
Further information
If you would like to find out more about Arbitration or seek advice on issues involving children, please contact a member of our family team. You can also find information about mediation and other alternatives to the court process HERE.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Lucy Bluck
Áine Kervick
James Alleyne
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