For most, this day brings celebration, and joy and provides an opportunity to appreciate those who provide love and support for their child(ren).

silk family law Mothers Day1

At Silk Family Law, we acknowledge that Mother’s Day can be a difficult day for many, especially if you are going through a divorce or separation.  Sadly, the day can present an opportunity for conflict, disagreement and hostility concerning the arrangements for the children.

For parents who have agreed on the arrangements for the care of the children, which includes the arrangements on special occasions such as Mother’s Day, the day may pass without issue. However, if there is a lack of agreement or the children are due to be with the other parent on Mother’s Day, following a previous agreement, difficulties may arise.

Welfare of children is paramount

It is to be remembered that in all cases, the welfare of a child(ren) is the court’s paramount consideration. Parents must be flexible and always have the best interests of the child(ren) at the forefront of any decision-making.

If an agreement provides for the child(ren) to spend time/live with the other parent during a weekend on which Mother’s Day falls, it is expected that the parents will communicate. The court expects parents to prioritise the needs of the children and to be flexible with the arrangements. It is entirely reasonable for a child(ren) to spend Mother’s Day with their mother, irrespective of any agreement previously reached.  The same principle would apply for Father’s Day.

Legal advice

Parents are encouraged to have discussions in advance of any special occasions to see whether an agreement can be reached. Of course, despite good intentions, this may not always prove possible and legal advice may be sought. As a last resort, an application may be brought before the court for a determination of the arrangements on Mother’s Day but this is an absolute last resort. The court will always assume that parties will look to resolve any disagreements outside of the court arena and utilise alternate forms of dispute resolution such as solicitor negotiation, mediation or arbitration.

If you would like help with family law, contact us.