Parents often ask how long it will take for them to see their child when going through separation or divorce. Family Law Solicitor, Leonnie Watson, discusses in her latest blog...
My Ex is Stopping Me From Seeing my Child - How Long Will This Take?
Whilst the family courts have targets for the time it should take for a case to conclude, a recent study has found that they are taking longer than ever. The reality is that the average case about arrangements for children now takes around 47 weeks. This has been an increasing trend since 2016. It means that it could take up to a year for a decision to be made about which parent a child lives with and/or when they see and spend time with each parent.
What Can I Do To See My Child?
- Try to resolve it yourself
It is always best to try to resolve things yourself. This is both quicker and cheaper than the other alternatives. It also means that you are more likely to reach a lasting outcome that you are each content with.
- Speak to a lawyer
If you aren’t able to resolve matters between yourselves, you may wish to speak to a lawyer. You may not want to take that step. However, a lawyer will make clear the rights and responsibilities that you have. They will also be able to give you an idea of what might happen if you do make a court application. What is clear is that the number of people who attend court without representation has increased along with the level of delays.
- Try to mediate
You could also speak with a family mediator. There is a requirement to consider mediation prior to making a court application. For some people mediation will not be appropriate, for example where there has been domestic abuse.
A mediator will have awareness of the court system and family law and they will work with you both to try to resolve the matter amicably. This process is far quicker than the court process and is often therefore cheaper. If mediation is successful, the agreement reached can be converted into a legally binding court order.
- Apply to Court
If you are unable to resolve matters between yourselves, it may be that you have no other option than to apply to court. Whilst this process may take some time, your family lawyer can advise you as to how the elements of your case may be affected by this and how best to manage any inevitable delays.
How Can Timms Help?
We are happy to provide advice at any stage. Please feel free to contact one of the team on freephone 0800 011 6666 if you would like to discuss any issues or queries that you may have.
