OCTOBER 2023

Interview with…katherine res pritchard

Our next much anticipated interview is with Katherine Res Pritchard, a Partner at Howard Kennedy. Katherine has kindly agreed to answer some specific children related questions frequently raised by our clients:

My spouse and I have recently separated and we intend to divorce. We have two young children – 2 and 5 years old. I feel as though my ex is being purposively difficult when it comes to them spending time with me. I do not want to increase the tension between us, and would like to avoid a “nuclear reaction”. What can and should I do?

Katherine: It's really important, as newly separated parents, to establish good communication as early as possible, as that is the foundation of an effective co-parenting relationship. Whilst emotions naturally tend to run high when a relationship breaks down, it is vital that both parents recognise and appreciate that the cause of the breakdown is highly unlikely to have anything at all to do with the children.

Hard as it can be, it is worth taking a step back, and appreciating that children have two parents and that you need to work together to keep the children emotionally secure, happy, and stable. Before involving third parties, it could be worth seeing if your ex would contemplate agreeing a parenting plan between you. Cafcass has a good model for this. Within it, you can decide not only what the arrangements will be day to day, but also how and when you will communicate with each other constructively and respectfully.

I have heard that dealing with any children related issue via the court process takes forever. What form of Alternative Dispute Resolution (“ADR”) would you recommend to deal with a sensitive children matter, and in circumstances where both my ex and I seem incapable of being civil to one another?

Katherine: It is correct that the court process can be cumbersome, and the delays that the court system is facing are longer than ever. As a first step, and if you cannot communicate between you, you could consider mediation, or perhaps a parenting co-ordinator, or an organisation aimed at fostering more effective communication between parents. You could also consider using a parenting “app” for communication, as these are aimed at assisting parents whose relationship is strained and difficult. It is also possible to try and reach an agreement through solicitors’ correspondence. If a court application looks unavoidable, then arbitration can be a very good solution, given that it can be set up quickly and privately, as long as there are no safeguarding risks present to the children.

I am currently in the middle of divorce proceedings and, unfortunately, it looks as though we will have to sell our family home. I am the primary carer for our children, and considering moving to another area (within the UK) to be closer to my family and friends for support, but also because the schooling options are better for our children in my desired area. I am worried that my ex will oppose this move – if so, what are my options?

Katherine: Your first option is to agree this with you ex. If this is not possible, you could consider using one of the “ADR” routes set out above. If it cannot be agreed, then you may need to apply to the court for a “Specific Issue Order” to be able to relocate within England and Wales with the children.

One of the primary factors the court will look at when considering if a relocation is in the children's best interests is how it will affect the children's time with the other parent. The bigger the change, the more the court will need to be persuaded. These are not easy applications to make, and therefore it is always worth considering if it really is necessary, or if, for example, you could get the support you need from family and friends by agreeing that you and the children will visit them more regularly. You should certainly take legal advice at the earliest opportunity, so that you can make an informed decision about how to proceed.

My former partner and I have a Child Arrangements Order in place, but my ex keeps breaching the terms. I really do not want to have to litigate the matter again, and I want a resolution as quickly as possible. What would you advise I do in the first instance?

Katherine: I would suggest using a parenting co-ordinator in the first instance. They are usually more cost effective than going through solicitors, and one will work for both of you. If a dispute arises about the implementation of a term of the order, the parenting co-ordinator will usually try to move you towards a compromise, and if that cannot be achieved, they will make a decision for you. This, of course, depends on the seriousness of the breaches, and legal advice may well still need to be taken.

I have a new partner and would like to introduce them to my children. I have discussed this with my ex, and while they are not happy, they are, reluctantly, onboard. What should I do to ensure that their first encounter goes as smoothly as possible?

Katherine: I think that it is important that you consider how the children will feel, and spend time answering any questions they may have about it before any meeting take place. I would suggest keeping the meeting short, and perhaps organising an activity that you can all take part in, especially if there are younger children. Your children will probably have questions after the meeting too, and you should let your ex know about the type of questions that they have been asking, as they may be asked similar questions too, and it would be best for the children if your narratives are similar to avoid any confusion.