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Writer's pictureINDU Kumar

[Mediation - Children - Custody, Care & Control, Access ]

Hello,


28/5/2021



I had a case today where parties are a young couple with three toddlers and were representing themselves.


In the earlier round of mediation, parties prayed for sole custody with split care and control. They filed their affidavit for split care and control.


Today, I ran through the previous agreement to ensure that nothing has changed. When it came to discussing children, I asked them if they were abusive parents or did they have any prejudice against the children. They were shocked and replied “NO”.


I sighed in relief and asked them why then did they pray for sole custody? Did you plan to take away the custodial rights from each other? Their response” NO”.


We began talking, and they shared that they came up with the prayer after listening to friends and not a legal counsel. After explaining the value of custodial rights as a parent. They both decided that they want joint custody.


They also had a complicated access plan; what came to light during our discussion was family members, and extended family members will chip in to help raise the children.


We talked, and some clarity came to the parents. The issue that I wanted them to focus on was, their toddler's life is going to change very quickly. I shared my experience as a parent. They could relate, and they came out with a simple access plan, yet flexible and ensures intermingling of siblings. Parties also realised their responsibilities as a parent in this agreement that they are consenting to.


I am happy that they are now seeing that whilst they have ended their chapter as a couple, they will begin a new life as parents individually, yet collaboratively to their children.


God Bless.🙏🏽

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