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Custody Battles and Motherhood: Legal Considerations in Family Law Proceedings

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How can you make sure you navigate child custody to adhere to the law, and keep your child’s best interests in mind? We explore this in this article…

When navigating through divorce or separation, the welfare of children remains a paramount concern for all parties involved. The process of determining custody arrangements can be emotionally taxing and complex, highlighting the necessity for comprehensive understanding and professional guidance.

For those embarking on this challenging journey, consulting experienced family solicitors can provide vital support and advice tailored to your unique situation. But what else do you need to know? In this article, we’ll explore this question…

Understanding Custody Arrangements After Divorce or Separation

The term ‘custody’ encompasses various forms of caregiving and decision-making responsibilities for a child. In the UK, these are legally referred to as ‘child arrangements’.

It’s crucial for mothers to comprehend the different types of arrangements that can be made, such as who the child will live with and how much time they will spend with each parent.

Legal Custody vs. Physical Custody

Legal custody pertains to the authority to make significant decisions in a child’s life, covering education, healthcare, and religious upbringing. Physical custody, on the other hand, relates to with whom the child resides.

Joint custody entails both parents sharing these responsibilities, whereas sole custody grants this authority to one parent only. The courts prioritise the child’s best interests in determining these arrangements, aiming for stability and ongoing parental involvement from both sides.

Challenges Mothers Face

Mothers navigating custody battles may encounter specific challenges, including allegations of unfitness, the financial burden of legal proceedings, and the emotional stress of potentially losing daily contact with their children. Such disputes require strategic preparation and an understanding of the legal standards applied by courts in custody cases.

Navigating the Legal Framework of Child Custody

The legal framework surrounding custody battles in the UK is intricate and mandates a clear understanding of children’s law and rights. Engaging with a solicitor who specialises in family law is crucial for mothers to navigate this complex landscape effectively. This legal professional can offer invaluable advice on building a strong case, focusing on the child’s welfare, and adhering to the procedural aspects of family law proceedings.

But what else do you need to know?

The Role of Mediation

Before resorting to court, mediation is often recommended as a means to resolve custody disputes amicably. This process involves a neutral third party, helping parents reach an agreement on child arrangements. Mediation can be a less confrontational and more cost-effective option than court proceedings, fostering a cooperative approach to parenting post-separation.

Understanding your legal rights and obligations, as well as the needs and best interests of your children, is crucial during custody disputes. The emotional toll of these proceedings should not be underestimated, and seeking support, whether through legal counsel, counselling, or family and friends, is vital for navigating this difficult period.

The goal should always be to achieve the best possible outcome for the children involved, ensuring their well-being and security during and after the transition.

Considerations for Motherhood

Motherhood brings additional considerations into custody battles. The courts will consider the primary caregiver’s role, the emotional bonds between mother and child, and the practical aspects of daily care.

It is essential for mothers to demonstrate their involvement in the child’s educational, emotional, and physical wellbeing. Documenting this involvement can strengthen a case, showing the court the depth of the relationship and the mother’s commitment to the child’s best interests.

Moreover, the legal system recognises the importance of breastfeeding in the early years of a child’s life. Mothers who are breastfeeding may need to highlight this when making custody arrangements, ensuring that the child’s nutritional needs are met alongside maintaining bond and attachment.

Financial Support and Custody

Financial considerations are another crucial aspect of custody battles. Mothers must understand their rights and responsibilities regarding child support.

The primary caregiver is often entitled to receive financial support from the non-custodial parent, ensuring the child’s needs are adequately met. This support is intended to cover everyday expenses and contribute to a stable and secure environment for the child.

Custody Battles Can be Tough…

The landscape of custody battles and motherhood is fraught with emotional and legal complexities. Yet, with a thorough understanding of the legal considerations and a focus on the child’s best interests, mothers can navigate this challenging terrain more effectively. It is crucial to engage with knowledgeable legal professionals, utilise mediation resources where possible, and lean on support networks throughout the process.

Remember, the core objective of any custody arrangement is to serve the best interests of the child, ensuring they have a stable, loving, and supportive environment in which to grow. Courts endeavour to make decisions that reflect this principle and, with the right preparation and support, mothers can work towards outcomes that reflect the wellbeing and happiness of their children.

Throughout these times, also remember the importance of self-care and seeking support. The journey through custody proceedings is challenging, but you do not have to face it alone. By prioritising your wellbeing and seeking the right advice and support, you can navigate this process with strength and resilience, always keeping your child’s best interests at heart.

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Opinion

‘Women are left in limbo’: how telemedicine can cut down NHS gynaecology waiting times

By Kat James, director of new projects at Consultant Connect

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Almost 600,000 people in England are waiting for gynaecology treatment. It is clear the current system is not fit for purpose.

The NHS, across the board, is struggling to reduce waiting lists, but gynaecology health, in particular, has been sent to the back of the queue.

Referral numbers are about 60 per cent higher than pre-pandemic, which represents one of the three highest specialties in terms of volume increase since pre-COVID.

Not only are women left feeling neglected, but longer wait times also result in them needing more complex treatment or even emergency admissions to hospital.

Then, there is also the impact on family life, work, and women’s mental health. A survey of the Royal College of Obstetricians and Gynaecologists found that four-fifths (80 per cent) of women said their mental health has worsened due to the wait and that one in four of those whose mental health had deteriorated, pain was given as a reason.

More than three-quarters (77 per cent) of women said their ability to work or participate in social activities had been negatively impacted.

One of the main stumbling blocks impacting patient waiting times is the disconnect between primary and secondary care. Often, patients who have faced long waits for their appointment are discharged after their first hospital appointment and told that their care is best taken care of by their GPs.

The good news is that new ways of working better connect primary and secondary care and ensure patients receive the right treatment first time. If applied at scale, these solutions considerably reduce waiting lists.

For example, giving GPs immediate access to speak to a consultant on the phone for specialist advice and guidance for their patient. In ordinary circumstances, a GP would have to call the hospital switchboard or send a written advice request which might take days to be answered.

Often, these queries would go unanswered or aren’t transferred to the correct department, resulting in patients being referred sometimes unnecessarily or presenting at a busy A&E department.

Technology like Consultant Connect allows GPs to directly “hunt down” a specialist consultant from a pre-defined rota for expert advice via a phone call, ensuring GPs can direct their patients to the right care first time. This service is available for gynaecology in almost 50 NHS areas across the country.

In Coventry, for example, a 54-year-old patient presented with obvious advanced gynaecological cancer. While the two-week wait referral had already been made, the GP couldn’t move the appointment sooner than 14 days later.

Meanwhile, the patient started deteriorating, and the GP considered an urgent admission. The GP used Consultant Connect and, within seconds, was connected to a gynaecologist, who then arranged for the patient to be scanned that day. The patient got the care they needed and avoided an acute admission.

In June 2023, the service expanded to cover a menopause advice and guidance line as referral data in one local area showed increased referrals relating to menopause-specific questions, many of which did not require to be seen in a hospital setting.

This meant that trusts weren’t seeing patients who needed to be seen, and patients with menopause symptoms were on waiting lists for a prolonged duration without management plans.

With the new Consultant Connect Menopause line, GPs can get through to a consultant with special interest in menopause matters within 26 seconds.

Data shows that 87 per cent of calls resulted in the GP receiving “enough” advice for their patient to benefit from an immediate treatment plan via their GP rather than waiting for a hospital appointment with a specialist unnecessarily.

Another way to tackle the wait problem is to leverage remote ways of working, which opens access to a new pool of workforce that otherwise wouldn’t exist.

Consultant Connect runs a network of NHS consultants who review gynaecology referrals remotely, with no need to travel to local hospitals and with consultants choosing their own working hours. This is often attractive to consultants who work part-time in hospital or are on parental leave, for example.

For patients, it means they get access to treatment plans faster: the remote working consultant determines the urgency of a referral and writes up a management plan, which means that treatment can start immediately.

Often, the health problem can be resolved through this plan, and for those still needing to be seen, it means they come to their first appointment on a more informed basis.

At the same time, it ensures patients are on the correct pathway, and any diagnostic test needed for a diagnosis are initiated in a timely manner.

Last year, Consultant Connect’s team triaged over 5,000 gynaecology referrals across the UK, resulting in 43 per cent of referrals being safely removed from the waiting list.

Many of these patients were returned to their GP with a treatment plan devised by the consultant. By fast-tracking urgent cases, women are not put through unnecessary stress and pain while waiting to be referred to a gynaecologist. Among these referrals, one in ten cases were upgraded to the urgent and suspected cancer pathways.

By reviewing current systems to make them more joined up and to allow for efficient ways of working, we can speed up care for women and make sure that clinicians have the right tools to help the NHS deal with the mounting gynaecology backlog.

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Opinion

‘We are not allowed to talk about our bodies’: why we need to address social media censorship

By Clio Wood, women’s health advocate and founder of &Breathe

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Social media censorship is just another example of women’s issues being sidelined and women being made, yet again, to feel small.

The gender data gap is huge and, if you’ve ever read the great Caroline Criado Perez’s book, Invisible Women, you’ll know what I mean. It touches every day of a female life.

That impact includes social media too. Because while the social media platforms are notoriously secretive about their internal workings, it’s a pretty safe bet that social media algorithms, like most of the rest of life, are built on male data and trained on male behaviours.

This means that as long as women have different behaviours and priorities of what they want to see on these platforms, we’re going to find it a struggle.

Meta and Tiktok are silencing women’s health and sexual wellbeing content. Censorship harms women’s health: it increases women’s pain, and disempowers women, which in turn means the gender health gap cannot close. What annoys you when you’re on your phone scrolling has long-lasting impact for us and our children.

I’ve experienced this censorship first hand on Instagram, with my reach being restricted for simply posting a body confidence reel of me dancing in a bikini.

That in itself – one example of many – is infuriating, but what’s especially galling is that everyday men’s health topics are left uncensored, and hyper sexualised women’s bodies, unsolicited “dick pics” and fake accounts using nearly naked female profile pictures are making their way into social media feeds and inboxes unchecked. The hypocrisy of the situation is clear.

All the while charities are being forced to use male nipples instead of female ones, and female-led period brands are losing hundreds of thousands of pounds when their ad accounts get deleted.

Creators, charities, medical practitioners and brands are being censored constantly through algorithms picking up words like sex, vagina, vulva, or period. Which are all normal human functions or body parts and integral to these creators’ missions. You can’t be a period care brand without talking about periods.

CensHERship aims to alter the trajectory of the current algorithms and end the routine censorship of women’s health content online

Creators end up using written symbols and numbers to disguise these words and bleep them out in speech to try to get around this censorship.

It’s examples like this that finally led me – after many years of finding this situation ridiculous – to do something about it.

Together with Anna O’Sullivan, we’ve created CensHERship, a campaign which aims to alter the trajectory of the current algorithms and hopefully restore some balance to what is allowed on social media. Our ultimate aim is to bring the platforms to the table for discussion by this time next year.

We launched a survey in late January 2024 to try to collect as much information as we can about the incidences of muting and censorship that female creators are experiencing, whether they are educators, charities, brands or medical professionals. The results emphasised that this is a widespread issue taking in all of women’s health and sexual wellbeing.

In tandem we hosted an intimate roundtable to launch the CensHERship campaign and found, to our astonishment, that the problem goes much deeper than social media. Women’s health and sexual wellbeing brands are being refused bank accounts, insurance and being kicked off payment platforms without warning.

Social media censorship is just the tip of the iceberg. It’s just one more example of women’s issues being sidelined and women being made, yet again, to feel small.

We’re not being allowed the freedom to talk about our own bodies and health, because speaking up goes against the male-gaze archetype of the female role and body. Let’s end CensHERship once and for all.

Clio Wood is a women’s health advocate, journalist, author and Founder of &Breathe.

Anna O’Sullivan is a communications and marketing professional and writes FutureFemHealth 

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Opinion

Revolutionising women’s health: the rise of femtech innovations

By Jo Barnard, founder and creative director of Morrama

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In the fast-evolving landscape of female technology, 2024 is poised to mark a pivotal year in growth and innovation.

Investors are increasingly recognising the vast potential of a typically overlooked audience, which encompasses 45+ year-old women with disposable income and actively seeking solutions.

As the femtech sector continues to gain momentum, we can anticipate the introduction of innovative features, products and services – such as intelligent menstrual cups, connected pads addressing menstrual cramps and wearables with hot flush detection capabilities, all with an growing focus on the unique needs of the individual.

Removing the guesswork through data

Whilst we mustn’t devalue leading medical advice on female health – including period complications, fertility, and menopause – they can feel like one-size-fits-all treatments that are only offered in the more severe cases. In reality, women’s health is a very personal and nuanced journey. The next few months promise the advent of smarter versions of pre-existing products, in an effort to help women understand their bodies better.

Take Emm, for instance. The company created a menstrual cup embedded with sensors to track menstrual flow, providing users with valuable insights into their menstrual health.

Similarly, wearables such as FemSense utilise advanced algorithms to predict ovulation with 99.7 per cent accuracy. These cutting-edge digital and physical devices help unlock new insights into the complexities of the female body, paving the way for more informed decision-making and improved health outcomes.

Addressing gaps in conventional treatments

While the femtech sector continues to push the boundaries of innovation, it also seeks to address long-standing gaps in the provision of medical solutions for various female health issues.

Conventional treatments, such as contraceptive pills for managing period pains, IVF for fertility problems or hormone replacements for menopause often fall short in meeting the diverse needs of women.

Against this backdrop, femtech brands are pioneering a more specialised and inclusive approach – as highlighted by brands like Tina, which I explore into more detail below – tailoring products to specific demographics, including people of colour, individuals with physical constraints and those with distinct religious beliefs.

Prioritising design, technology, and user experience

Central to the femtech revolution is a strategic focus on design and technology, aimed at enhancing the quality of life for women across the globe. Leading brands such as Emm, Embr and Tina are at the forefront of this movement, developing solutions that not only empower women but also drive positive societal change.

Tina’s aim, for example, is to create inclusive design for all bodies and abilities, engineered with anatomy in mind. Their tampon applicator takes into account correct angles and depth, and prides itself in being “first-period friendly”, reducing the stigma surrounding women’s health for the next generations.

These brands can only achieve this by opening up the conversation and incorporating feedback from diverse communities in order to deliver products that resonate with women from all walks of life.

In addition, this year’s Consumer Electronics Show (CES) in January offered valuable insights into the evolving landscape of femtech, where innovation is not solely defined by radical disruptions but by incremental improvements to existing products and services.

Highlights from the show included: Movano Health’s Evie Ring, a smart health ring utilising AI to analyse women’s menstrual and sleep data; and Vivoo’s new at-home smart UTI test, showing that a dipstick test can be beautiful and utilising the capabilities of smartphones to give more accurate readings.

With femtech brands historically focusing on function over aesthetics, it’s positive to see companies considering smarter delivery mechanisms, more thoughtful design and more personalised educational pathways. The result is that women feel more empowered and valued as individuals.

Importance of research and evidence-based practice

However, as femtech continues to grow and develop, it’s also crucial not to lose sight of the importance of scientific rigour and evidence-based practice. For every truly science-based solution there will inevitably be a flood of lower quality copycats and brands promoting products that serve only as a placebo.

Building trust in femtech solutions requires a commitment to transparency, accountability and continuous improvement. Only by investing in rigorous scientific enquiry can we ensure that femtech products and services meet the highest standards of safety, efficacy and reliability.

A bright future for femtech

I’m excited for the future of femtech. As we look ahead to the next few months and beyond, let us embrace innovation, inclusivity, open-mindedness and evidence-based practice as our guiding principles.

More than ever, the industry has the potential to usher in a new era of personalised, proactive and women-centred healthcare, making a meaningful impact on women’s quality of life as well as the broader population as well.

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