Family Blog - Court Proceedings Over Children

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Demelza Patricio Sometimes, when parents can’t agree on arrangements for children, one of them decides to issue court proceedings. The court is there if there really is no other option, but many clients are surprised at how unsatisfactory the court process is. Hearings are late, Judges haven’t had time to read up on the details of the case and tend to take a very “broad brush” approach. They rarely have time to take into account the detail and intricacies of family life and the children’s arrangements. They can often make sweeping generalisations which do not necessarily fit with the complexities of a particular family situation. Sometimes, the parent issuing court proceedings regrets doing so because they find that their position is worse after the proceedings than it was previously due to the attitude or approach taken by a particular Judge on a particular day at court. It is for this reason that I always try to encourage my clients to go to mediation to deal with issues regarding their children if they can, rather than handing control over to a Judge.

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