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2 August 2024 | Case Study | Article by Victoria Cannon

Resolving parental disputes: A case study


We were contacted by Mr M following the breakdown of his relationship with the mother of his child. During this period, the child was very young. At the outset of the couple’s separation, Mr M informed us that the parties were able to devise a co-parenting arrangement between them, which split the child’s time between each parent in broadly equal measures.

However, the couple’s co-parenting relationship began to deteriorate when mother decided to quit her job and become a Jehovah’s Witness. This development became particularly concerning to Mr M when mother took their young son to the Jehovah Witnesses’ meetings, which he felt was tantamount to imposing her faith on their child. Mr M took issue with this because he was of the understanding that children of this faith were unable to have non-Jehovah Witness friends; play sports; celebrate special occasions (such as Christmas and birthdays); and receive blood transfusions. In addition, Mr M was worried about the impact of splitting their child’s time between two very different households and communities.

That said, Mr M simply did not have the funds to see the court process through with legal representation, nor did he wish to increase tensions between the couple further by issuing an application. As such, we advised that we could write to mother setting out his concerns, and providing her with a draft parenting plan for the two of them to adhere to. The plan not only set out the contact arrangements moving forward, but also sought to manage their child’s experience of growing up in two distinct households. For example, it was recorded that the child would not attend meetings with his mother until such a time that they were able to choose to do so. Furthermore, it was noted that their child would spend all Christmases and birthdays with Mr M so that they were able to celebrate. Fortunately, mother agreed and signed the parenting plan accordingly.

Mr M was relieved that he was finally able to convey his concerns to mother in a way that ensured he was heard and well-received. Most notably, Mr M was thrilled that the parties had manage to strike a balance between the need for both he and mother to live their respective lives how they wished to post-separation, but also ensuring that their child was safeguarded first and foremost.

Key contact

Victoria Cannon

Partner

Throughout her career spanning over 19 years in family law, Victoria Cannon has amassed extensive experience in advising business owners on safeguarding their enterprises during divorce proceedings and minimising disruption to their business.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

 

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