Re: Summer 2016 | Page 78

makes you the enemy When being a parent It is often difficult for separated parents to put aside issues they might have with their former partner and promote a healthy relationship between that parent and the child, particularly in circumstances where one parent has been hurt by the other. The very lack of love, trust and goodwill that led to the b reakdown of the relationship in the first place can often permeate into the relationship between the parents and the children, particularly when one parent is set upon ensuring that the children are aware of what the other parent might have done to cause the breakdown of the relationship and when one wants to ensure the other parent pays for their actions as a consequence. However, one must be extremely cautious not to do exactly that. In the case of W v G [2015] EW Misc B47, the Judge ordered that in circumstances where the mother had sought to distance the children from their father and diminish him from their lives, the children (aged 4 and 5) should live with their father as a result of their mother not being able to meet their emotional needs due to her ill-feelings towards the father. In this case there were previous proceedings which resulted in a shared care arrangement for the children to split their time between their mother and father. Unfortunately, the mother continued to demonstrate her lack of ability to support the children’s relationship with their father and continued to denigrate him in front of the children. This led to the father returning the matter back to court by making a further application for a Child Arrangements Order. Having considered the evidence provided, the Judge turned to the Welfare Checklist for guidance on what would be in the 76 children’s best interests. The Welfare Checklist is as follows; 1. T  he ascertainable wishes and feelings of the child concerned 2. H  is/her physical, emotional and educational needs 3. T  he likely effect on him/her of any change in his/her circumstances 4. H  is/her age, sex, background, and any characteristics of his/her which the court consider relevant 5. A  ny harm which he/she has suffered or is at risk of suffering 6. H  ow capable each of his/her parents and any other person in relation to whom the court considers the question to be relevant is of meeting his/her needs Having considered each of the above issues, the Judge in this case decided that he had little confidence in the mother changing for the better and is unlikely to be able to promote and prioritise the children’s needs above her own. In circumstances where the father was able to demonstrate that he is capable of meeting the children’s physical, practical and emotional needs, it was ordered that the children should reside with him permanently and spend time with the mother on a fortnightly basis. In addition, the mother’s exercise of parental responsibility was also curtailed. When delivering Judgement, His Honour Judge Lochrane reported the following; ‘I appreciate that this order, or these orders, may be regarded as an interference with the family rights of the maternal family. All rights under the Convention, however, apply to all family members and must, in my judgement, be balanced. For reasons which have become apparent, I regard it as necessary and proportionate in these two boys’ welfare interests to interfere to the extent that I have done with the maternal family’s rights. They are entitled, in my judgement, if possible, to a safe and secure environment, in which they have the best prospects of achieving their potential, without the distracting burden of the irrelevant and destructive adult agendas. In my judgement, they would find that more obviously in their father’s home than in their mother’s. Usually, the court must look at the status quo being maintained so as not to disrupt the children’s usual routine and lifestyle. Only in exceptional circumstances will there be a departure from the status quo. It is clear that any attempt by one parent to denigrate the children and make them ‘pick a side’ will not support the idea of the status quo being maintained and could potentially invite an order being made to the contrary. When it can be demonstrated that one parent has misused parental responsibility to frustrate the other parent’s relationship with the child, one is at real risk of their right to be involved in the important decision making relating to the child’s education or health being withdrawn and the children being moved to lived with the other parent. What can be done in situations where you feel as though your alleged actions, or lack of, are being used against you? Parents must look at other ways to resolve their differences for the sake of their children. It is absolutely essential, now more than ever, that parent’s are able to put their differences aside and get on with co-parenting their children in an effective way. A Parenting Plan is a good method of trying to at least build bridges and understand what each parent needs to maintain a healthy and balanced relationship with their children. Parents need to think very carefully about the ‘next step’ if they find themselves in a position where their relationship is not being promoted by the other parent or the children are being used as battering rams against them. By Tia Clarke