Specialist military family law solicitor, Lucy Woodward, looks at court proceedings and the protection available to military personnel under the Servicemembers Civil Relief Act.
If direct child arrangements cannot be reached and you and your ex-spouse are unable to communicate effectively, it may be the case that an application to the court is made. A court application for child arrangements can be made by either parent for contact, with a court fee payable that is currently (as at August 2024) £232.
While court applications do not need to be made with the assistance of a solicitor, it is important to note that court order compliance is necessary for an effective application. By using the services of a specialist solicitor, you can relinquish a degree of responsibility to meet the requirements of a court order. A solicitor will also be able to assist you with drafting statements, gathering evidence, and representing you at a court hearing.
There are additional benefits in retaining the services of a family law solicitor who specialises in dealing with family law cases on behalf of military families. For example, a specialist military family law solicitor will be well acquainted with the Servicemembers Civil Relief Act (SCRA). This piece of legislation provides protections to military personnel, such as the ability to request a delay in legal proceedings due to deployments.
The legal protections granted by the SCRA can however be seen as a double-edge sword, for while the Act prevents service members being penalised for their military obligations, it can also lead to extended legal battles and uncertainty around custody arrangements. A specialist military family law solicitor will be in a position to judge what is best for you according to the particular issues in your case, and when it is appropriate to seek protection under the SCRA.
You can read more about child arrangements for military personnel in another of Lucy’s articles that can be found here.
