Mediation Archives

Childhood vaccinations and parental responsibility: What are your legal rights?

Posted on 17 July 202517 July 2025 by Sarah O'Sullivan

Vaccinating children is a topic that continues to spark debate, especially among separated parents who may hold differing views. With childhood vaccination rates declining across the UK, questions about parental rights and responsibilities are becoming increasingly common. In this article, we examine the legal framework surrounding childhood vaccinations, the consequences of parental disagreement, and the approach courts have taken to these sensitive issues.

Are parents becoming more hesitant about childhood vaccinations?

Recent headlines reveal a growing trend: more parents are choosing not to vaccinate their children against common childhood illnesses such as measles. This has raised concerns among healthcare professionals, especially as vaccination rates continue to fall.

Who decides whether a child should be vaccinated?

For children aged 16 or 17, the decision to receive a vaccine is generally theirs to make. However, when it comes to children under the age of 16, the decision rests with those who have parental responsibility.

In legal terms, parental responsibility means having “all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to their child and the child’s property.”

What happens when separated parents disagree about vaccinations?

Vaccination decisions can become particularly difficult when separated parents have conflicting views. Disagreements over the perceived risks and benefits of vaccines may result in legal disputes, and we anticipate that such disagreements will increasingly lead to court applications.

What do the courts say about vaccinations?

In several recent cases, the courts have reinforced the view that a child’s best interests must be the primary concern when deciding on vaccination.

Example: Religious objection overruled by the court

In one High Court case, a mother objected to her child being vaccinated due to her Muslim faith. The child was in the care of the local authority, and the court ruled in favour of vaccination. The judge concluded that there was no strong medical or welfare reason to prevent the child from receiving routine vaccines, stating:

“Given my conclusion that the welfare reasons the mother has put forward do not outweigh [the child’s] interests in receiving the vaccines, the fact of her objection, even on well-founded religious grounds and however strongly expressed, takes the matter no further.”

Example: Covid-19 vaccinations and NHS schedule

In the case of M v H and Others, the father applied for a Specific Issue Order under Section 8 of the Children Act 1989 to allow his children to be vaccinated according to the NHS vaccination schedule, including future vaccines such as those for travel or Covid-19. The court ruled in his favour, again citing the children’s best interests as the decisive factor.

Do I have to go to court if I disagree with my ex-partner about vaccinating our child?

Court proceedings should be a last resort. If you and your ex-partner cannot agree, consider alternative dispute resolution methods such as:

- Family counselling
- Mediation
- Collaborative law

These options are usually more cost-effective, less stressful, and more likely to result in a resolution that puts the child’s welfare first.

Need legal advice about childhood vaccinations or parental responsibility disputes?
Our experienced family law solicitors can help. Contact us today for a confidential consultation.

Tees’ expertise resolves complicated divorce financial settlement

Posted on 20 March 202517 June 2025 by Sarah O'Sullivan

Underlying issues resurface to make for a complex financial case between a husband and his ex-wife.

For context:

Tees were instructed to represent Benjamin* in concluding a financial settlement with his ex-wife following their divorce. Prior to Benjamin becoming a client of Tees, he had sought legal advice elsewhere to represent him whilst going through their divorce.

It had come to light that even though their divorce was settled, the financial issues remained unresolved. Influential factors in the time that passed between the divorce and Benjamin’s legal representation from Tees are where the case faces complexities.

Throughout Benjamin’s marriage with his ex-wife, he was a stakeholder at a successful company within the motor industry. Following on from the divorce, he had since sold his shares but remained an employee, therefore earning additional shares which had vested prior to a nine-figure sale.

What happened next:

As Benjamin and his ex-wife had not reached a financial settlement at the time of divorce, it then became a question of her entitlement to the following:

the initial shares, and
any future shares.

This was complicated by the associated risk of a potential future tax liability on the shares.

With this in mind, the parties engaged in negotiations to achieve a financial settlement, in the region of a significant seven figure sum.

A multi-disciplinary service:

Financial settlement aside, Tees identified complicated inheritance and tax issues which could become expensive for Benjamin. Pulling in expertise from other areas of the business, Benjamin was provided with the correct tax and associated legal advice.

A detailed scheme was set up to protect the husband on future tax issues, contained in the financial consent order and a related Deed of Indemnity.

This case, valued at approximately £20 million, is a strong reflection of the exceptional quality at Tees. We are proud to offer our clients a comprehensive, multi-disciplinary service, drawing on expertise from a wide range of specialisms.

If you’re unsure of what to do next after a separation, our experts are here to guide you through the process.

Family mediation: A complete guide

Posted on 13 January 202225 June 2025 by Sarah O'Sullivan

Family mediation can be a practical and effective way to resolve disputes when a relationship breaks down. It provides a structured environment for couples to reach an amicable agreement, often avoiding the stress and expense of a lengthy court battle.

Understanding family mediation

Family mediation is a voluntary process where a neutral mediator helps couples negotiate and resolve issues arising from separation or divorce. It’s designed to promote respectful communication, enabling both parties to find mutually agreeable solutions.

When is family mediation helpful?

Family mediation can assist when couples face challenges agreeing on matters such as:

Division of assets and finances
Property arrangements
Child custody and visitation schedules

It’s a preferred alternative to court proceedings, often resulting in quicker and more cost-effective resolutions.

How does family mediation work?

Step 1: Initial assessment (MIAM)

Your mediation journey typically begins with a Mediation Information and Assessment Meeting (MIAM). This one-on-one session allows the mediator to understand your situation, explain the mediation process, and determine whether it’s a suitable option.

Step 2: Joint mediation sessions

Once both parties agree to proceed, joint mediation sessions commence. The mediator facilitates discussions, helping both individuals communicate effectively. Key areas of focus may include:

Finances: Dividing savings, pensions, and debts fairly
Property: Deciding on ownership, sale, or buy-out arrangements
Children: Establishing custody schedules and parental responsibilities

Step 3: Resolution and documentation

After productive discussions, the mediator will draft a Memorandum of Understanding detailing the agreements reached. While this document isn’t legally binding, it can be converted into a consent order by a solicitor, making it enforceable by law.

Benefits of family mediation

Choosing mediation offers numerous advantages, including:

Cost-effective: Typically more affordable than court litigation
Faster resolution: Agreements can often be reached within weeks
Control over decisions: You remain in control rather than relying on a judge’s ruling
Reduced conflict: Encourages respectful dialogue and compromise

Is mediation legally required?

In most cases, couples must attend a MIAM before pursuing court action. However, exceptions apply in instances involving:

Domestic abuse or safety concerns
Child protection issues
Bankruptcy
International jurisdiction matters

Costs of mediation

The cost of mediation varies depending on the complexity of your case and the number of sessions required. However, it remains significantly cheaper than court proceedings.

What happens if mediation fails?

If mediation doesn’t lead to an agreement, you can explore alternative dispute resolution options such as arbitration or proceed to court. Seeking legal advice from a specialist family law solicitor is recommended.

Family mediation case study

Case overview: Abigail and Graham faced disagreements over child custody, financial settlements, and property division after their separation. Mediation was recommended to avoid court intervention.

Resolution: Through five mediation sessions, both parties identified their priorities. The mediator facilitated financial disclosure, ensuring transparency. Ultimately, a fair financial arrangement allowed Abigail to remain in the family home while Graham accessed liquid savings to purchase a new property. Child custody arrangements were also amicably agreed upon.

Outcome: Mediation enabled Abigail and Graham to reach a mutually beneficial agreement without resorting to court, reducing stress and legal costs.

Conclusion

Family mediation is a constructive way to navigate the challenges of separation or divorce. By fostering communication and collaboration, it offers a path toward amicable resolutions that prioritise the well-being of all parties involved. If you’re considering mediation, contact a qualified family mediator to explore your options.

Resolving high-income divorce challenges and future income concerns

Posted on 13 August 20202 July 2025 by Sarah O'Sullivan

The division of assets is one of the main issues to resolve during divorce proceedings. For people with very high incomes and substantial assets, and their spouses, being able to reach a fair financial settlement is, understandably, a key concern, given the number of potentially complicating factors and levels of income that need to be taken into account.

Decisions as to what happens to future income is often where there is most difficulty in reaching an agreement in a divorce settlement involving a high-earning spouse. This is particularly so where complex reward structures are involved that are not fully understood by one if not both spouses.

Failure to fully take into account incentive and performance reward packages can have significant implications on the outcome of a divorce settlement and risk restricting either party’s choices in the future, so you must seek specialist legal advice.

Incentive payments and performance payments not yet realised

There may be circumstances where there are financial resources in place through incentive and performance reward packages which originated during the marriage, although they are not immediately available at the time of the divorce settlement.

Such financial resources may well be shared in a divorce to achieve fairness between the earning and non-earning spouse.

Incentive and performance reward packages are aimed at attracting and retaining the best talent and are likely to be nuanced from firm to firm and industry to industry. However, enhanced remuneration structures do tend to follow certain themes, such as:

Share options (or stock options)

Share option schemes are typically used as an incentive for employees. A share option is the right to buy a certain number of company shares at a fixed price at some point in the future. Share option schemes often come with tax incentives.

There are different share option schemes you may come across such as Company Share Option Plans, Enterprise Management Incentives, Nil-Cost and Nominal Costs Options, Share (Stock) Appreciation Rights, Sharesave Share Option Schemes and ‘Phantom’ Options.

Long-term incentive plans

A long-term incentive plan (LTIP) is a term that is commonly used among listed companies to describe executive share plans under which a company makes share-based awards to senior employees with a vesting period of at least three years. Such structures are also often called ‘performance shares’ or, in the US, ‘restricted stock units’.

Again there are often tax efficiencies to these schemes. LTIPs are not restricted to rewards in shares; cash also features in these reward structures.

Management incentive plans

A management incentive plan (MIP) most often refers to a scheme where the equity is allocated to senior management in a privately owned business. The company is likely to be owned by a private equity house and the equity would vest with the senior management in the event the private equity house sells its share the business or the company is floated on the stock market.

Performance bonuses

A form of additional compensation paid to an employee or department as a reward for achieving specific goals or hitting predetermined targets. A performance bonus is compensation beyond normal wages and is typically awarded after a performance appraisal and analysis of projects completed and/or financial targets met by the employee over a specific period.

Sharing of payments – what to consider?

There is a distinction to be made between those sums payable under such incentive or performance schemes which realise a value in the future with no further input from the earning spouse and those which require further endeavour after the marriage is over to realise their maximum potential.

This will affect how the income derived from such sources will be treated in a divorce settlement.

The timing of payments will also be a consideration. A performance bonus might be shared if it is awarded close in time to the end of the marriage, however, it is less likely to be shared if awarded well after the relationship is over.

As a general rule, it is possible to share in the benefits of such schemes even following divorce, however, consideration will be given to the value or opportunity which arose during the marriage against any extra input required by the earning individual to realise an enhanced value at a later date and whether this can be justified by reference to needs.

Future maintenance provisions

It is not always the case that in divorce, one party must pay the other an amount out of their income in the future. There has been a general movement away from maintenance being “for life,” with courts preferring to award maintenance as a shorter-term stepping stone to help the non-earning spouse transition into financial independence. In some circumstances, long-term maintenance can be required as part of a fair outcome in a divorce.

There are two classes of maintenance – child maintenance and spousal maintenance. The two combined are often referred to as global maintenance. Where spousal maintenance features, a settlement or court order tends to be based on two principles:

what each party might need to live on in the future;
whether it is appropriate for each party to share in future financial resources.

It should be stated that future earnings or earning capacity, whilst relevant, is unlikely to be considered a matrimonial asset to be shared and so ongoing maintenance must be linked to a demonstrable income ‘need’ rather than a sense of entitlement or sharing.

Complex arrangements require specialist advice

The issue of the future value of income in divorce proceedings is complicated for both the earning and non-earning spouses, and specialist advice should be sought as soon as possible.

At Tees, our expert legal advisers work to ensure a fair financial settlement so that future needs can be met according to the financial resources available. We also work closely with financial advisers in our Wealth Management team where needed. They will ensure that any future financial planning considerations are taken into account so you both have a clear view of your financial future.

What is family arbitration? A guide for separating couples

Posted on 31 March 20202 July 2025 by Sarah O'Sullivan

Family arbitration is a private, confidential process designed to help separating couples resolve disputes without the need for a formal court application. It offers a faster, more flexible, and cost-effective alternative to court proceedings for disagreements over finances or child arrangements.

Sally Powell, an experienced family law professional, can guide you through the arbitration process. From selecting an arbitrator to navigating financial or child-related disputes, Sally provides expert support to ensure a smooth resolution.

How does family arbitration work?

Arbitration involves appointing an independent, qualified arbitrator who acts like a private judge to make a legally binding decision. Both parties must agree to arbitration and commit to accepting the arbitrator’s decision.

The process is adaptable to suit your needs. It can involve submitting documents, phone conferences, or face-to-face meetings. This flexibility makes arbitration a quicker and often more affordable solution compared to the lengthy court process.

What is an Arbitrator?

An arbitrator is a legally trained professional with extensive family law experience. With a minimum of 10 years of post-qualification experience, arbitrators undergo rigorous training to ensure they can deliver fair and impartial decisions. Similar to a judge, they assess evidence, consider legal arguments, and provide a written decision, called an “award” in financial cases or a “determination” in child arrangement cases.

The family arbitration process: Step-by-step

Agreement to arbitrate: Both parties must agree to arbitration and appoint a suitable arbitrator. If an agreement cannot be reached, the Institute of Family Law Arbitrators can select one for you.
Initial case management conference: This is often held via phone or in person to set out how the arbitration will proceed.
Evidence and submissions: Each party presents their evidence and arguments.
Decision making: The arbitrator delivers a legally binding decision in writing.
Court approval (if necessary): In most cases, the arbitration decision is converted into a court order for enforcement.

Advantages of family arbitration

Faster resolution: Avoid lengthy court delays with a streamlined process.
Confidentiality: Protect your privacy with confidential proceedings.
Expertise: Choose an arbitrator with specific experience in family law.
Flexibility: Schedule hearings around your availability.
Cost-effective: Reduce legal fees compared to court litigation.

Is an arbitration award legally binding?

Yes. An arbitration award has legal standing and is enforceable in the same way as a court order. While appeals are limited, you may challenge an award if there is a serious legal error or procedural irregularity.

Arbitration vs. mediation

While both processes are alternatives to court, they differ significantly. Mediation involves a neutral mediator facilitating discussions to help parties reach an agreement. In contrast, an arbitrator makes a binding decision. In some cases, mediation and arbitration can be used together to resolve specific issues.

How much does family arbitration cost?

Arbitrator fees are typically agreed upon in advance, and both parties usually share the costs. While the fees vary depending on the arbitrator’s experience and location, the overall expense is generally lower than court proceedings. Additional costs may include legal representation and expert reports if required.

Get started with family srbitration

If you’re considering arbitration to resolve family law disputes, it’s essential to seek legal advice. A qualified solicitor can assess your circumstances and help you navigate the arbitration process. Contact Sally Powell for expert guidance tailored to your needs.

Family arbitration offers a practical, efficient, and private way to settle disputes, ensuring a fair outcome for both parties while reducing the stress and costs associated with court proceedings.