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Are there specific lawyers involved with child access issues?

By: Maksiv Konta

The reason that child access is not a specialty area in law is because in the vast majority of cases where child access is an issue, other family matters (such as divorce or maintenance) are also an issue. It would be impractical therefore, for a solicitor to specialise in child access as when the client would ask for related advice regarding, say the divorce proceedings, the solicitor would have to refer the client to a colleague.

There are family solicitors in the UK who hold a position as accredited members of the Children Panel. This is an accreditation scheme for individuals with much experience in the field. The Law Society and the Solicitors Regulation Authority have traditionally supported expertise in children law issues because of the sensitive subject matter. The objective has always been to allow both sides to come to an amicable resolution instead of issuing proceedings. This is because the court is not seen to offer productive dispute resolution in cases of family law matters and children.

The court system has been designed to deal with establishing facts, and finding an appropriate judgement. It is usually a lengthy process which is very effective in establishing what has happened in the past. However family matters, and children issues in particular, are issues which commonly arise from people’s feelings. A court proceeding regarding child access which is contested can easily take as much as a year or two to decide. In that time one of the parents may not be able to have access to the child. This is why family lawyers are very likely to advise their client to try and avoid litigation if this is at all possible. One successful way of avoiding litigation is through family mediation.

There are two other panels which family solicitors could be members of; the Resolution Panel and the Family Panel. As with the Children Panel, the members of these panels are able to join after several years of experience, and are often preferred by clients who have especially complex family law cases.

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