An Arbitration in Children Act matters has recently taken place through Chambers with Julie Stather MCI Arb arbitrating. The case was being litigated through a local firm with Eleanor Battie instructed for the Final Arbitration, with the other parent representing themselves. The issues were how much time the child should spend with each parent, how parental responsibility should be exercised for the child, including who should hold the child’s passport, and which vaccinations should be administered. This case was arbitrated from the outset (ie there were no ongoing court proceedings) and so there was a Case Management Meeting (CMM) and a Final Arbitration (FA). Prior to the FA Julie sent relevant case law to the parents to assist in their preparation. Oral evidence was heard over the course of a day, and additional evidence from experts, the National Health guidelines and the child’s school was considered on paper. At the request of the parents, four weeks elapsed between the CMM and the FA with the decision being given in writing just three days after written submissions were filed on behalf of the parents. That decision is now being sent to the Family Court under cover of a C100 for approval and to be converted into an Order by consent.
The speed with which the case was able to be heard allowed the child’s living arrangements to settle well before he started his new term at school. The parents benefitted from a fixed fee, their choice of arbitrator, overall costs savings and the ability to have the case listed at their convenience.
1COR is keen to encourage more Dispute Resolution through Arbitration, particularly in light of the ongoing delays in the Family Court. There is the facility for the case to be heard in Chambers or remotely, and members are available both to Arbitrate and to represent the parties. Please contact the clerks at Brighton@1cor.com or on 01273 625625 for further details or to book your arbitration.
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