Parental Alienation Awareness Day is Relevant in Bath Too

She would love me to disappear from our son’s life. I have been resisting this but any contact with him has been very much on her terms and rules”…. a comment made by a distressed father from Bath, to me, whilst experiencing the syndrome known as “Parent Alienation”. A term given to the deliberate attempt by one parent to distance his/her children from the other parent. The motivation is to destroy the parental bond between his/her children with the other parent.

Today, 25th April 2010 is Parental Alienation Awareness Day in the USA. A day, equally relevant and needed in the UK and in my home city of Bath.

I think it unlikely that he will promote and encourage the boys’ relationship with their mother”.. and the response to that is often “I’m prepared to “fight” by whatever legal means necessary to ensure I have contact. I expect a great deal of resistance to this; however I believe this is what my sons want

Restorative justice isn't something that the Family Courts are quick to address and the compensation provided by them is often far less than the loss experienced. The parent denied or with limited contact with a child often feels that his/her rights have and are being compromised. In fact, that parent can feel that he/she only has such rights as the other parent, or the Family Courts, can be persuaded to grant him/her.

So, what can the denied or restricted parent do?

Cathy Meyer a US Certified Divorce Coach provides some useful advice in her article “Help for Victims of Parental Alienation Syndrome” including consider working with a mental health professional ie a child specialist and never to give up hope

In her article “Tips to Help Restore Your Relationship With Your Child/Children” Cathy reminds us that when a parent reaches out to a child there are no guarantees that their efforts will pay off but, if no effort is made, the chance of re-building the relationship is remote. She suggests a number of things a parent can do and not do while attempting to connect with an estranged child

Even when pursuing contact through the courts, I advise my clients in Bath and Bristol

• Always accept whatever contact to your child is on offer, no matter how low - or absurdly low. If you accept a two-hour visit, you have established that two-hour visits are workable; if you refuse a two-hour visit, the resident parent can argue that two hour visits are not workable and should not happen.

 • Do absolutely everything possible to make contact work, i.e. no arguments, no recriminations, no harsh words. Do not be late. Do not do anything that crosses a line without the most profound consideration. Do not indulge in tit-for-tat.

• Always remember that the Court's primary concern is whether the contact has worked i.e. been glitch-free and not so much with whose responsibility it was that it did not work. If contact is said to be causing difficulties, then even if those difficulties are caused by the resident parent, your case will become a difficult case where the Courts will be far less likely to intervene on your behalf. So we must make contact work!.  

The Way you Divorce could Save your Business

Rob was a successful entrepreneur who had built up a business in Bath during the marriage. He came to see me as his marriage of 10 years to Sarah had come to an end. I learnt that Sarah knew little about the business and was concerned that she would lose out. Rob felt that the business was "his" rather than an asset to be shared.

A Nasty Divorce can mean trouble for Business

The impact of a marriage breakdown and divorce does ripple out well beyond the family home. A business caught in the cross fire of a divorce will suffer. Inattention from a stressed-out, depressed or preoccupied owner can lose customers and business opportunities. Divorce costs can escalate as competing lawyers and forensic accountants pick over the assets of the business.

A business interest is an asset to be divided between both spouses. It can often be the most valuable asset in the marriage and the biggest bone of contention in a divorce. Valuing it is complex, costly and time-consuming. How and who values it can be a major flash-point of conflict. Aside from its financial value, the emotional attachments can inflame the one who created it as he or she faces the prospect of sharing it with the other who has had no involvement in it.

The process you choose for your divorce can determine its outcome

What Sarah really wanted was the security of keeping the family home, not an interest in the business. Rob wanted to keep control of his business in Bath and the future benefits it might bring. They both wanted to avoid the acrimony and trauma of a traditional adversarial divorce court process. They feared that might destroy the business and the wealth they were trying to divide. They didn’t want a Judge sitting in the Bath County Court determining financial arrangements in their place.

Rob and Sarah selected me and another Bath Collaborative family lawyer to work with them and together we committed to resolve matters between us without involving the court.

We committed to resolve matters …… without involving the court

We introduced a collaboratively trained financial advisor. He looked from a neutral perspective at the assets of the marriage including the business and the family home, and helped Rob and Sarah understand the division options open to them. A family consultant worked with them to address their emotions towards each other, develop communication and a level of trust between them. Through a series of meetings attended by Rob and me, Sarah and her lawyer, we found a solution from the options available that met their interests and needs without either feeling disadvantaged.

The collaborative divorce process proved to

• preserve the wealth held by Rob & Sarah and not destroy it.
• ensure the right professional dealt with the right problem for Rob & Sarah.
• encourage Rob & Sarah to think creatively and craft solutions that worked for them and their family
• enable them to decide and keep control of what happened & how fast it happened.

Every divorcing couple is different, and a collaborative divorce process is not for everyone. But Rob & Sarah found that a collaborative divorce can enable solutions to be found and destruction to be limited to those things that were important to them and their family.

For a free copy of “A Client’s Guide to Collaborative Divorce” contact me at richard@sharpfamilylaw.com

The Challenge of Co-Parenting: The Top Three Strategies

Parenting at any time can be a challenging and complicated process. Parenting following divorce or separation can be even more difficult. The prospect of Co-parenting with the ex may seem a nightmare .

"Focus on the fact that you love your kids more than you dislike your ex."

In Relate’s guide "Help Your Children Cope with Your Divorce", Paula Hall gives the following advice for parents embarking on the co-parenting journey.

The qualities required for effective co-parenting are good communication, compromise and co-operation,’ she writes. It may be difficult if these things were missing in the first place but she adds that ‘once the separation is complete and the focus of conversations is purely on the children, many couples realise that for everyone concerned, you might as well get on with the job of being parents and leave bad feelings in the past.’

Paula's top tips for implementing the three core qualities can be summarised as follows:

Communication
• Although there may be bad feelings, keep communication calm and courteous
• Meet your ex partner when you have time and energy, not when you are stressed or tired
• Keep emotions in check and agree a time out if either of you gets too emotional

Co-operation
• Agree rules and roles beforehand. Children find it easier to have the same rules in both homes.
• Keep communication respectful and don’t disagree in front of your children
• Don’t encourage the children to take sides or use your child as a spy to find out about your ex’s personal life
• Don’t criticise your ex partner as this can be very stressful for the children.
• Be reasonable in your expectations of your ex partner, and understanding of lapses and mistakes. Your ex will be doing their best for the children and so will you.

Compromise
• Remember that what is best for the child is not always best for the parents
• A child misbehaving is not necessarily a result of the split. Talk to them and explore why they are upset.
• ‘I hate you and want to live with my dad/mum’ is normal as they usually want to live with both. They may know it is the best way to hurt you so instead of getting hurt simply explore what can be done
• Remember that the children need to feel that they can love both parents without being disloyal
• Respect that siblings might want to do different things.
• If your ex gets a new partner put aside negative feelings in front of your children. It will be difficult but the healthiest thing for the child is to be allowed to accept and like the new partner which is hard if you don’t.

People coping with the new dimensions of co-parenting may benefit from a talking with a counsellor in a few sessions. As part of a national charity with 70 years experience supporting relationships, Relate Mid Wiltshire has always been known for their work with couples. However, whole families, individuals and children as young as seven regularly benefit from counselling with Relate, as the service is offered to anyone who simply needs someone to talk to.

Family Counselling may be appropriate, or individual counselling for either parent or the children. Relate is keen to support anyone in making the process of co-parenting successful and beneficial for everyone involved. Call 0844 826 1788 to find out how Relate may be able to help you and your family

A Client's Guide to Collaborative Divorce - Putting Your Family First

"Our children aged 16 & 14 were reassured by seeing us working together to resolve our issues.” - “It really was by far the best thing we could have done. I would have been more damaged without it.” - “It is probably best summed up as “communication, not confrontation"

 – Quotes highlighted in the section headed “What clients have said about the collaborative approach” in “A Client’s Guide to Collaborative Divorce: Putting your family first” written by Gillian Bishop

As the title suggests, this guide is designed to assist us understand the collaborative approach to separation and divorce. In particular it will help those individuals and couples who are:

  • Contemplating a divorce or separation and genuinely want to find a way of resolving issues without involving the court – the guide will assist them in making the right choice for them.
  • Already using the collaborative approach for resolving these issues – the guide will be a useful aide memoire for preparing for the 4-way meetings.

The Guide sets out Collaborative Divorce in a nutshell, how the approach works, how to know if it is right approach for the individual and their family, the roles of those participating including the lawyers and other possible professionals. It contains lots of frequently asked questions and a useful resources section packed with self-evaluation questionnaires. Comparisons, ground rules etc.

In addition to explaining the “no-court commitment” at the heart of the approach, what I like best about the Guide are the stories that are placed amongst its pages. They tell how couples – Clare & Peter, Matthew & Ingrid, Rachel & Joachim – were helped through their separation or divorce by the collaborative approach and the long-term benefits that that brought them as individuals and as families.

We made the right decision to deal with this collaboratively. I feel that although separated our family is still intact

I recommend this guide to my clients in Bath and Bristol who may be thinking how to go about separating and/or divorcing. If you would like a copy contact me on 01225 870336 or email me at richard@sharpfamilylaw.com. It can also be ordered online at www.flip.co.uk/about/downloads.asp