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Difference between revisions of "Resolving Family Law Problems out of Court"

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==Introduction==
==Introduction==


The fundamental goal shared by all alternatives to litigation is to arrive at a settlement of the issues in dispute, particularly those which could have been fought about in court. As you might expect, coming to this sort of settlement requires a certain amount of flexibility and maturity. Most importantly, the people involved must understand that neither of them is going to get everything they want. Whatever a person's wish list might be going into negotiations, the end result always represents a compromise and an accommodation of the other person's goals, wishes and expectations.
The fundamental goal shared by all alternatives to litigation is to arrive at a settlement of the issues in dispute, particularly those that could have been fought about in court. As you might expect, coming to this sort of settlement requires a certain amount of flexibility and maturity. Most importantly, the people involved must understand that neither of them is going to get everything they want. Whatever a person's wish list might be going into negotiations, the end result always represents a compromise and an accommodation of the other person's goals, wishes and expectations.


Although it's not always possible to avoid court, such as when one or both people are so stubborn that they can't or won't compromise their position or where a person must take urgent court action to stop something bad from happening, out-of-court alternatives always offer a cheaper, friendlier resolution to the legal problems that come up when a relationship ends and are far less stressful and disruptive to the people involved and their children.
It's not always possible to avoid court. Sometimes one or both people are so stubborn that they can't or won't compromise their position, and sometimes you have to take urgent court action to stop something bad from happening. But out-of-court alternatives always offer a cheaper, friendlier resolution to the legal problems that come up when a relationship ends. They are far less stressful and disruptive to the people involved and their children.


It is particularly important to negotiate a settlement when a couple have children. Where there are no children, a couple can walk away from their relationship and have nothing more to do with one another for the rest of their lives. However, where there are children, a couple can expect to be involved with each other, whether they like it or not, for the next five, twenty or forty years. Both parents will want to be at the child's high school graduation, both will want to attend parent-teacher meetings, and both will want to go to school concerts and sports days, and their child will want both parents to be there too. No matter how tense or awkward the relationship between the parents is, they will both be involved in each other's lives until they die or their child predeceases them. As a result, maintaining a functioning relationship is an absolute necessity, and negotiation gives parents the best chance of doing just that.
It is particularly important to negotiate a settlement when a couple have children. Where there are no children, a couple can walk away from their relationship and have nothing more to do with one another for the rest of their lives. However, where there are children, a couple can expect to be involved with each other, whether they like it or not, for the next five, twenty or forty years. Both parents will want to be at the child's high school graduation, both will want to attend parent-teacher meetings, and both will want to go to school concerts and sports days. And their child will want both parents to be there too. No matter how tense or awkward the relationship between the parents is, they will both be involved in each other's lives until they die or their child predeceases them. As a result, maintaining a functioning relationship is an absolute necessity, and negotiation gives parents the best chance of doing just that.


For more information about parenting issues after a relationship has ended and how to put the children first in your dispute with the other parent, see the page [[Parenting After Separation]]. For more information about the emotional issues that tend to come with the end of a long-term relationship and how to keep those issues from hopelessly complicating your dispute, see the page on [[Separating Emotionally]].
For more information about parenting issues after a relationship has ended and how to put the children first in your dispute with the other parent, see the page [[Parenting After Separation]]. For more information about the emotional issues that tend to come with the end of a long-term relationship and how to keep those issues from hopelessly complicating your dispute, see the page on [[Separating Emotionally]].
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