Don’t Stay Together For The Kids

The following is an extract from the Herald on Monday 23rd November 2015 referring to a survey undertaken by ComRes, commissioned by Resolution and supported by Consensus Collaboration Scotland. It’s a bit of a spoiler, but the heading tells you the conclusion so no need to read any further from here really, unless you are particularly interested and want to know a little bit more! But this new research does tell us that unhappily married parents who stay together ‘for the children’ may not be acting for the best, and that children tell unhappily married parents: don’t stay together for the kids.

“A poll of young people aged 14-22 who had been through a parental separation or divorce, found a large majority (82 per cent) said that even if they had been upset at the time they felt it was ultimately better that their parents split rather than staying together unhappily.

The research also found that children and young people want greater involvement in decision-making during the divorce process.

However half of young people (50 per cent) indicated that they did not have any say as to which parent they would live with or where they would live (49 per cent) following their parents’ separation or divorce. While this needs to be carefully handled – 88 per cent of young people said it is important to make sure children do not feel like they have to choose between their parents – but nearly half (47 per cent) of children and young people polled said they had not understood what was happening during a parental separation or divorce and would have liked to know more. Nearly two thirds (62 per cent) felt they had played no part in any of the decision making process about the separation.

However many common concerns about the impact of family break up on children, were not borne out by the findings 50 per cent of young people agreed that their parents had put their needs first during a separation or divorce and only two in ten (19 per cent) had felt – or been made to feel – that they were in some way to blame for the domestic breakdown. Asked what advice they would give divorcing parents, one young person said, “Don’t stay together for a child’s sake, better to divorce than stay together for another few years and divorce on bad terms”; while another said children “will certainly be very upset at the time but will often realise, later on, that it was for the best.”

While most young people preserved good relations with their mother and wider family members following a break up, their relationship with their father worsened for nearly half of all children. Some 45 per cent said their relationship with their mother had improved, but only 19 per cent said their relationship with their father had improved – against 46 per cent who said it deteriorated.

Parenting expert and author Sue Atkins says: “Children want to feel involved and empowered with relevant information about their parents’ divorce and what it means for them. They also want to see their parents behaving responsibly, such as to not argue in front of them.

“As the long distance parent, dads must work hard to maintain their relationship with their child. They may feel angry that this task falls on their shoulders since they may not have initiated the divorce in the first place and it’s easy to feel like a victim and spend their time and energy blaming their ex. But being a long distance parent doesn’t mean that a dad has to automatically disappear from their child’s life.”

A Christmas Crisis?

I love Christmas! The smell of newly fallen snow. Sparkly fairy lights everywhere. Carol singing on my doorstep. Children playing and laughing. Friends and family over for drinks and helping themselves to the plentiful, most delicious homemade fayre laid out beautifully on my table which has been lovingly decorated by angels sprinkling angel dust as they go……..

Ok, ok, that is how I often imagine Christmas! But in reality I don’t think I’ve ever had a Christmas like that – ever! Newly fallen snow means I can’t get the car out the drive, I’m late for wherever I have to be, I’m cranky and the kids are moaning as snow has got in their boots and made their tights wet. Children are usually squabbling over the remote control or which game to play next or who has eaten the last chocolate decoration from the tree without asking. My delicious homemade spread is quite possibly a selection of party offers from Iceland (or the local petrol station) and the angel dust is really just dust as I’ve not had time to clean the house as I’ve been too busy shopping, buying presents, writing Christmas cards and ferrying kids to social event after social event whilst at the same time trying to keep on top of homework, housework and an ironing mountain rivalling the size of Ben Nevis!

So is it any wonder that Christmas is one of the most stressful times of the year for couples where even the strongest of relationships can experience difficulties? If you add in overspending on Christmas presents, general financial strain, unrealistic expectations of the perfect Christmas and bad weather, not to mention over indulgence in food and alcohol then Christmas may not be so merry for some couples after all. That doesn’t even include the slaving in the kitchen whilst others chillax with a sherry or two (or 3,4,5,6,7…..), the lack of time for each other as you’re too busy or just exhausted – and probably best not to mention the arrival of the in-laws!

But, if after all the excitement (or stress) of the day is over, you still feel that there is more substance to the arguments than just Christmas, you may decide to turn your attention to legal advice in the New Year. Statistically, more couples separate in January than any other time of the year. Its really important to get good quality advice from specialist family lawyers if you are thinking of separating, or even if you just want to find out what your options are in the event that your marriage or cohabitation ultimately does go down the separation route. That’s where we come in. Get clear and concise advice before you rush into anything. You might want to consider relationship advice or counselling first. You might think mediation or collaborative law would be the best option for you, and then there’s arbitration to consider too. More information on the possible methods to resolve your family issues can be found on theRIGHTKINDOFDIVORCE.com.

Hopefully you won’t need our services, but if you do, we’re back after the holidays from Friday 3rd January 2014 at 10am. Despite the above, Christmas for many is a wonderful time of the year and from all the staff at MTM Family Law Specialists Glasgow, Merry Christmas and best wishes for 2014.

Our new arrival!

I want to welcome the new addition to our team. We are most fortunate to have Caroline Henderson join us from the family team at Maclay Murray & Spens.  Caroline is an experienced family lawyer who has specialised in this field for many years.  She is accredited by the Law Society as a specialist in her field and is trained in both collaborative practice and mediation.  Her skills  sit very well with the objectives and aims that we have of providing a specialist, rounded service to our clients.  Welcome to the team Caroline.

4th European Collaborative Conference

I have just returned from 2 very enjoyable days at the 4th European Collaborative conference in Edinburgh. Whilst the event was held in Edinburgh it was well attended by lawyers, financial professionals and mental health professionals from as far afield as America, Canada and Australia. It was fascinating to learn about the work being done in collaborative law in other jurisdictions. In France the skills used by collaborative lawyers in family practice have been adopted by commercial lawyers to settle commercial disputes on the basis of win/win negotiation.This has been so successful that there are insufficient collaboratively trained lawyers to do the work. For me, this was a clear example of how the skills developed in collaborative practice can benefit clients, allowing them to enter into good faith negotiations where a win/win result is seen as being a success.