The Importance of Children’s Views
23 July 2021
Parents who have separated can, understandably, often find it very difficult to come to an agreement about the care arrangements for their children. So what happens if they simply cannot agree? Do they have to end up in an acrimonious court battle? In our experience, whilst litigating care arrangements for children remains an option, it should only be considered as a last resort in the event that other forms of dispute resolution such as mediation, Collaborative Practise, Arbitration or traditional solicitor lead negotiation prove unsuccessful. The Sheriff or Judge does not know the parties or the children. The outcome of a litigation will therefore potentially not please either party, will be hugely expensive and will likely completely polarise the parents which will make sharing the care of their children in the years to come even harder. Also parents have to remember that if they do raise court proceedings, their children are very likely to become involved in that process.