PARENTS who do not understand the workings of the family court can find the prospect of separation or custody battles daunting - but family proceedings are not as intimidating as one might think, according to a Worcestershire legal firm.

Thomas Horton LLP’s family and childcare team specialises in helping families to resolve problems when conflict arises, priding itself on "achieving the best possible and most amicable outcome for all parties concerned".

A recent media frenzy surrounded a mother who took her three-year-old son into hiding after a court ordered he live with his father. The mother involved in the case was not prepared to encourage contact between the child and his father, despite orders that she should.

Increasingly, the courts can move the child to the care of the other parent as the only way to ensure the relationship is maintained.

Fiona Lawson-Hughes, partner and head of family law at Thomas Horton, said: “The main thing, often forgotten by parents involved in family proceedings, is that the court’s primary concern is the child and not the parents, or their issues with each other.

“The court considers each case on its own facts and makes a decision based on the child’s best interests. It is not easy to get over the end of a relationship, but it is every parent’s duty to protect their children from what is now recognised as emotional abuse, stemming from severe cases of parent conflict or 'alienation'.

“The court is no longer taking no for an answer when it comes to children having a meaningful relationship with both parents.”

The law now requires parents to attend a mediation and information and assessment meeting before issuing any application in relation to a child, apart from in a few limited exceptions, to encourage them to cooperate and communicate about what is best for their child before entering the court process.

It is crucial the court process is a last resort - avoiding this conflict can only be a good thing for both parents and children.

Research has shown that these types of dispute cause long-lasting emotional damage to children, even into adulthood.

Changes to legal terminology aim to remove labels so parents feel less like they have ‘won’ or ‘lost’ and focus more on what is best for the child.

For example, orders were changed from ‘custody’ and ‘access’ to ‘residence’ and ‘contact’ in the Children Act 1989, and are now called ‘child arrangement orders’ following the implementation of The Children and Families Act 2014.

Orders set out the time the child spends with each parent and avoids either parent feeling they have an enhanced ‘claim’ to their children.

For more details visit thomashorton.co.uk