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28 January 2020
Bear with us here, we know it’s 11 months until Christmas, but if you are separated from your husband, wife or partner and you have children, the sooner you agree where they will go on Christmas Day the better. We know that Christmas may seem a long way off and a rather daunting prospect, but this isn’t something that should be put off until the Christmas Season, particularly if you have to involve the courts, as people sometimes ultimately do.
In Court terms, the sooner you obtain judicial input as to who should have the children on Christmas Day the better. If you cannot agree where the children will go and for how long then it is important to involve the Court as soon as possible. The procedure where cases are not agreed allows for a CAFCASS report in which an Independent Officer of the Court will assist the Court in determining any issues that are not agreed. These reports can often take 4 months or more to prepare and that is why time is of the essence. The Court timetable can often be 7 or more months. Quite often the decision over where children will spend Christmas Day is a highly continuous one, particularly where it will be their first Christmas in a family that is no longer still together or residing in the same household
Before a CAFCASS Report can be ordered there are a number of procedural steps which have to be taken and so the need to act quickly is as important as ever.
JWP Solicitors not only have specialist Family Lawyers who can litigate cases, they also have Lawyers who are skilled in alternative dispute resolution such a Collaborative Law.
It is often far better to resolve matters amicably and in a constructive manner and with our assistance we could help all families going through the upheaval of a separation or divorce to still enjoy the magic of Christmas Day with their young children.
As with most things it is far better to be well prepared and well planned and organised to avoid unnecessary heartache and anguish nearer to the time.
If you would like us to help you with your Christmas wish-list then please give us a call without delay.