L AW
The team from
Archers Law
answer your festive
themed queries …
Christmas
case file
Q My wife and I separated earlier this year.
We have no agreement in place in relation to
my contact with the children over Christmas.
How do I deal with this?
A I would encourage discussions with
your wife as early as possible in the hope
that arrangements can be agreed. If you
can’t agree, I would encourage you both to
try mediation. A mediator is an impartial
third party whose role is to assist parents
in navigating their way to an arrangement
that suits both parties. If that does not
broker an agreement, seek legal advice. A
court application can be made to determine
Christmas contact arrangements, but such an
application can take a number of months to
conclude.
Q My ex-husband and I divide Christmas
holidays with our children between us, but
my 12-year-old is saying she doesn’t want
to visit her father this year. Can she decide
whether or not she sees him?
A Despite popular belief, there is no specific
age at which a child can decide whether
they do or do not see their non-resident
parent. The wishes and feelings of a child
are only one of a number of factors that
the court would consider when deciding
whether a child should have such contact.
It’s generally accepted by the court that as a
child gets older their level of understanding
and maturity increases to such a degree that
their views should be given more weight. I
suspect the court would be keen to establish
why your child is expressing the views that
they are. They would also expect the resident
parent to encourage contact with the non-
resident parent.
Q Last year a colleague said something
drunkenly to the boss at the Christmas party.
Things were awful for her afterwards and she
handed her notice in. Is a Christmas party
still classed as being at work?
A This is a bit of a grey area in law. A recent
case said you have to look at whether there
was a sufficient connection between work
and where the conduct was complained of.
If the Christmas party was paid for using
the company’s money and invited company
employees, then there is a reasonable
argument that any conduct during the
Christmas party will be deemed as ‘in the
course of employment’. This would leave an
employee open to disciplinary action should
any misconduct take place. Alternatively,
if misconduct took place during a social
gathering of work colleagues which was
not a company organised party, then it
would be more difficult for the company
to argue that the conduct took place ‘in the
course of employment’. However, it seems
that your colleague left due to how her
fellow employees treated her. If she suffered
bullying and harassment and resigned in
response to this, she could argue that she had
been constructively dismissed as a result of
the employees' conduct towards her.
Family Law related questions by Zoe Tansley, partner, head of Family.
Employment Law related questions by Joanne McHale-Young, associate solicitor.
The information contained in this article is for a general understanding of the law, not
to provide specific legal advice. This article should not be used as a substitute for you
seeking competent legal advice specific to your situation from a regulated professional.
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