Cheshire Families No Court Option to settle disputes out of the spotlight

New rules on media access to Family Law Courts are driving couples and families away from combative, distressing and now potentially highly public court proceedings over child custody.

But this is potentially good news, says a leading Cheshire family lawyer: on the face of it, disputes involving residence – previously known as custody – of children are disappearing from court schedules, but re-surfacing in much more civilised and private hearings.

“I wonder if there has been some very clever thinking at the top of the judiciary: yes, those cases that go to court and involve children will be much more open and public – but perhaps there was an intention all along to encourage disputes to be settled in less aggressive and stressful ‘collaborative’ hearings which are much more low key, and are not heard in front of journalists,” said Maria Taylor of SAS Daniels LLP, which has offices in Stockport, Macclesfield, Congleton and Bramhall.

“Collaborative hearings involving family disputes – this can involve children, finances and possessions at time of divorce – do not take place in court: specially trained and qualified collaborative lawyers meet with family members involved, and help them arrive at an amicable and agreeable outcome without recourse to the court system.

“It is highly successful, because while the discussion can, understandably, get a little heated at times, there is none of the tension and pressure of a court room.

“Better still, these hearings are private, and usually resolved far more quickly with much less lead time, and, of course, much less cost. Crucially, any children involved are not exposed to what, under new Family Court media attendance rules, could be extremely awkward or embarrassing publicity.

“This is an attractive option for just about any couple or family, but is something that the wealthy and famous of Cheshire should look very carefully at: swallow pride, put ego aside, escape media hype and save an awful lot of money by getting collaborative.

“Were it not for the collaborative law option, I would say many ‘normal’ people might choose to continue to live in very difficult circumstances to avoid going to court.”

SAS Daniels LLP solicitors has offices in Stockport, Macclesfield, Congleton, Bramhall and Chester.

Ends

For more information contact Maria Taylor