New Milton Advertiser 20th Nov 2020

Friday 20th November 2020 · 25

news@adt.press · advertising@adt.press · 01425 613384

Alternatively, you might like to agree a ‘Christmas Period’ with your former partner which could be Christmas Eve through to Boxing Day. You then agree that one parent has the whole of this time for one year and then it is alternated for Christmas is for children to agree often feel that the only option available to them is to go to Court, but this is not necessarily the case. There are a variety of op- tions available to parents who are looking to agree contact arrange- ments and the Courts are keen to be a last resort, rather than the first step.

It is worth considering whether you can draw up a plan or time- table in advance of the Christmas holidays setting out who will see the children and when. It’s a good idea to start this early so you can both let the children know the plans once they are agreed. Negotiating an agreement di- rectly with your former partner is always the most cost-effective option available. Legal advice can be sought in background or at the outset so that you both under- stand your rights and obligations as a parent. If parents cannot reach an agreement between themselves directly, they can instruct a medi- ator to help them. Mediators are

trained to identify the issues and help parents come to a solution that they are both happy with. If an agreement is reached it can be drawn up into a formal document and signed. There are some instances where parents will not be able to reach an agreement even with the help of mediation and will need to instruct solicitors to act on their behalf. Resolution lawyers are family law specialists who aim to resolve issues quickly and cost effective- ly. Resolution lawyers will avoid

aggressive, hostile correspond- ence which serves only to antago- nise the other parent and instead try to negotiate through corre- spondence to come to a suitable solution. If negotiations are unsuccess- ful then parents can make an ap- plication to Court to decide the contact arrangements. If you are a separating parent, then you are encouraged to seek legal advice at an early stage to avoid the pitfalls that arranging contact with children over Christ- mas can bring.

K aty Barber, Family law expert at Moore Barlow, looks at how Christmas can be a battlefield for many separating parents. When it comes to agreeing who will be seeing the children over Christmas it is common for both parents to have strong views about what they consider is ‘right’ for the children. But what is right? How should children share their time be- tween separated parents?

The answer is that there is no right answer as to how contact should be arranged. What suits one family may not suit another. There are 2 obvious starting points: - first you may consider dividing Christmas Day in two and for example the children spend Christmas Eve and the morning of Christmas Day with Mum and the afternoon and Boxing Day with Dad. There are obvious down- sides to this method, par- ticularly if you do not live close to the other parent. You also must ask yourself whether it is in the children’s best interests to be travel- ling around on Christ-

the following year. You might also choose to take turns spending New Year with the children as well. Parents who find them- selves unable

Unless there are concerns over a child’s welfare, the Court will encourage a positive relationship between a child and both of their parents.

To contact Katy for advice, call (0)23 8071 8000 or visit our website, www.moorebarlow.com

Mediators are trained to identify the issues and help parents come to a solution they are both happy with.

mas Day. For some families however this works well and means that Christmas Day is shared equally.

Have you done your Brexit business risk assessment yet? There’s still time…

I n March 2019 it appeared “Brex- it Day” was imminent. Little did many realise it would take the best part of two more years to fi- nally be concluded. Whatever your political view, the UK’s departure from the EU will in- evitably mean significant change for businesses of all sizes and across all sectors. Given the contin- ued uncertainty surrounding the current Brexit position, it is more important than ever that business owners and managers conduct appropriate risk assessments. If you haven’t sorted this out yet, you should do so as a priority. A proper Brexit business risk as- sessment should include a review of the strengths and weaknesses of your business generally, as well as a review of how your business is currently affected by the EU and the possible effects of any exit. The reason why it is worth considering the overall strengths and weak- nesses of the business, rather than just focussing on how your busi- ness is directly affected by the EU, is because it may well be that any current areas of weakness and risk in your business model could am- plify post Brexit. Even for a business which ap- pears to be UK based, the busi- ness’s end customers and suppli- ers may not be. What about their customers and suppliers? Ensuring your business is robust even if it has limited direct contact with oth- er countries within the EU is clearly going to be important. Business owners will need to compile a (potentially lengthy) set of questions for the reviews set out above. It is clearly important to tai- lor these questions to the specific business, and there is not a “one size fits all” approach. However, questions might cover areas such as: where it’s key customers and suppliers are located, whether the

We’ll get you through... We know the current environment is creating uncertainty. That’s why we’re here, to help and support you with your legal needs. For legal advice or to make an appointment, please call us on 01590 625800. We’ll get you through... We know the current environment is creating uncertainty. That’s why we’re here, to help and support you with your legal needs. For legal advi e or to make an appointme t, please call us on 01590 625800.

business relies on EU grant fund- ing, how WTO trade terms might affect the business, proportion of EU workers within the business, and so on. As well as the business risk re- view, business owners should, in consultation with their legal advi- sors, conduct a detailed legal risk assessment. This legal risk assess- ment should have two main ele- ments: 1. Reviewing how robust your contractual terms and conditions are. 2. Considering any legislative changes that will most impact the business. Your legal adviser can help fo- cus on the important questions which need to be addressed to properly undertake the legal risk assessment. These questions will need to be tailored to your specific business needs. Examples of areas to cover might include: jurisdiction- al issues, what legislation applies

to the business, high risk custom- ers and suppliers, and contractual provisions such as termination. As well as the clear commercial need for businesses to understand their exposure to Brexit, Directors have a duty to consider the impli- cations as part of their statutory obligations. There is now a very short period of time until the end of the transitional arrangements on 31 December 2020. The po- tential implications for business cannot be underestimated. Time spent now considering the chang- es that Brexit might bring to your business, could mean significant savings later. To discuss your business’s le- gal requirements in more detail, please contact Ben Ironmonger on ben@scottbailey.co.uk or call 01590 676933. If you are con- cerned about how your enterprise may be affected by Brexit then Ben can advise on how best to protect your business moving forward.

Guildford London Lymington Richmond Southampton Woking www.moorebarlow.com

The well-being of both clients and staff is an absolute priority at Scott Bailey. Despite the difficulties brought about by the Covid pandemic, we are open for business and will continue to look after your legal needs and deliver a high quality service. Meetings can always be arranged using all of the available remote digital tools such as Zoom, Office Teams and FaceTime and of course on the telephone or via email. Face to face meetings can be arranged by prior appointment only.

Guildford London Lymington Richmond Southampton Woking www.moorebarlow.com

Made with FlippingBook flipbook maker