The legal process of getting a divorce and the aftermath of it can both be fraught with the potential for the parties involved to experience intense feelings at various points. Because it is a significant choice that has the potential to completely transform one’s life, it frequently involves intense feelings and emotions. Sadly, this can result in contentious situations for some divorcing couples. Family Mediation Service Birmingham
These are situations in which the former partners simply are unable to find a way to move forward in an amicable manner. When one parent does not allow the children to spend time with the other parent, this is a situation that is frequently addressed during the process of mediation because it creates a conflict between the two parents. Whether you have just started the divorce proceedings, are in the midst of the separation proceedings, or have been separated for a very long time, this can be a problem for you at any stage of the process.
The term “malicious parent syndrome” has been applied to describe a phenomenon that is discussed by some individuals. Some parents engage in this behaviour in the course of the divorce proceedings, and they use their children as a means to exact revenge against the other parent. This is a behaviour that is associated with the proceeds of a divorce.
This is based on a theory from the field of psychology, and it describes the behaviour of some parents in this manner. The “malicious parent” may engage in a variety of potentially harmful behaviours during the divorce proceedings, including the following examples:
You are required to keep the children from participating in activities with their other parent as a form of discipline for the children.
Stop all forms of communication between the children and the other parent, including forms of communication that are not direct like texting or using FaceTime. This includes all forms of communication.
It is an effective strategy for turning the children against you to tell them things about you that may or may not be true.
The phrase “malicious parent syndrome” has seen better days, and we don’t use it in our work as mediators because it’s become outdated. Instead, we refer to it by the term “parental alienation” to distinguish it from its symptoms. This is a perfect illustration of how the theory that was discussed earlier fits together. It is something that causes everyone involved, including children and their parents, to feel a great deal of melancholy and unease as a result of their involvement in it.
Unhappily, it is a common practise that may occur during the process of getting a divorce, and it is something that we frequently discuss during the mediation phase of the divorce process. We have previously written about how to go about having an amicable divorce and what the benefits of this are on you and your family, and we would recommend that you read this blog post as a way of finding a way to move forward with your separation amicably from the very beginning.
In addition, we have previously written about how to go about having an amicable divorce. Because they emphasize the significance of coparenting and working together to achieve positive outcomes for the whole family, amicable divorce proceedings can prevent parental alienation from occurring either at the time of the divorce or at a later date. This is the case even if the alienation occurs. Nevertheless, we are cognizant of the fact that divorces can’t always be settled amicably, and we are ready to deal with the implications of this fact. Coventry Mediation
MIAM’s direct mediation services are available to all parties.
child who is refusing to make contact with adults or other people
What exactly does it mean when people talk about “parental alienation,” and how does it even start in the first place?
The term “parental alienation” is a legal term that is used to describe a scenario in which your children are opposed to coming to see you due to what appears to be views of their own, but which actually materialise as a result of manipulation by the other parent. In this scenario, your children are opposed to coming to see you because of what appears to be views of their own. In spite of the fact that the term “parental alienation” does not have a legal definition, it is commonly used to describe a scenario in which your children do not wish to spend time with you.
Even though this is a factor that is notoriously difficult to prove, CAFCASS will take it into consideration during the court proceedings if you believe that this is the case. The phenomenon that is referred to as “parental alienation” describes a circumstance in which one or both of a child’s parents act antagonistically toward the other in front of the child’s other children and make an effort to limit the amount of time that their child spends with the alienated parent. This puts children in a difficult situation that they should not be expected to handle on their own and should not be placed in that position.
It can be challenging to determine the specific motives behind why a child rebels against one or both of their parents. Sometimes it happens because one parent is trying to use the children as a way of bargaining or negotiating in the courts; some parents come to us and say, for example, that the other parent is “using the children as pawns.”
Other times, it happens because one parent is trying to use the children as a way of protecting their own position in the relationship with the other parent. Sometimes it happens because one parent is trying to use the children as a way of preventing the other parent from abusing their parental rights. Other times, it happens because one parent is trying to use the children to get what they want.
As was stated earlier, one of the possible explanations is that one of the parents is abusing the children as a form of retaliation against the other parent in the course of the divorce proceedings. This explanation also fits with what was stated earlier. It doesn’t matter what the reason is behind it; cutting off contact is a really difficult situation for everyone involved.
What choices do I have in front of me?
Your initial reaction might be to approach the court with a petition seeking custody of your children so that you are able to spend more time with them. This would allow you to do this. However, you shouldn’t choose this course of action until the very last possible step. Your first order of business should be to discuss this issue with one another in order to see if you can come up with a solution to the issue. Some people come to the conclusion that the most effective way to proceed is to send a letter to the absent parent with the request that communication be resumed.
If you send it via recorded delivery, you will be able to keep a copy of the proof of postage that you have received.
If you find that you are unable to resolve the disagreement on your own, you might want to think about taking part in some sort of family mediation. As the first thing on your list of things to do, you will need to kick things off by attending a Mediation Information & Assessment Meeting. This should be the very first item on your list (MIAM). During a meeting that will be held between you and a certified family mediator in a setting that is both private and confidential, you will be provided with additional information concerning mediation and the procedure.
This will give you the opportunity to decide whether or not you would like to take part in the mediation process, and the mediator will evaluate the case to determine whether or not it is appropriate for proceeding with further action. It is essential that you are aware of the necessity of attending an MIAM prior to submitting an application to the court, unless one of the exemptions applies to you. If this is the case, it is essential that you are aware of the necessity of attending an MIAM. A comprehensive list of the available exemptions can be found in this section of the website.
Mediation That Involves the Participation of Children
The Facilitation of Family Mediation
After you have finished the MIAM, the mediator will send an invitation to the other parent to attend the mediation session. This will happen after the MIAM has been completed. The administrative staff at DMS will take care of this task on your behalf and, depending on the contact information you provide, they will either send an SMS, an email, or a letter in the mail to you. In the event that the other parent responds favourably to the invitation to take part in MIAM, they will do so on their own time, and provided the conditions are satisfactory, you will proceed with family mediation.
Family mediation is the method of choice for conflict resolution in situations where one parent is preventing the other parent from seeing their children or when one parent is denying the other parent access to their children. Your accredited family mediator will, during the course of the mediation process, encourage both of you to have a conversation about the plans you have for your children and will provide support to you both as is required.
Your mediator will facilitate discussions regarding the issues at hand, your hopes for the future, and what can be done to move forward in a manner that will allow your children to spend quality time with both of their parents. These discussions will be about the issues at hand, your hopes for the future, and what can be done to move forward.
During the course of the mediation process, you can plan on being the one in charge of determining where your children will be living and what kind of living arrangements they will have. Your mediator will not make decisions; rather, they will work to empower you and the other parent to make decisions that are in the best interests of your children. In the event that mediation is fruitful, your mediator will work with you to create something that is known as a Parenting Plan.
This plan will cover everything relating to the upbringing of your children, including where your children live, who they spend time with, who they spend time at school with, and the arrangements that will be made for Christmas or other religious holidays. After the mediation session is over, this Parenting Plan can be turned into a legally binding agreement if both parties wish to do so after the conclusion of the mediation session. The process of mediation then allows for the possibility of reaching a settlement that is acceptable to both parties.