16
Aug 2016
Arrangements for Children when Separating
When a couple separates, meeting the needs of any children of the relationship is key. The vast majority of parents are able to agree all or most matters relating to the children, including the arrangements for their day to day care, between themselves. In these cases, even if the couple go through the divorce process, there is no need for the Court or even Solicitors to be involved in that aspect of the separation.
For those parents who cannot agree, Solicitors can help negotiate suitable arrangements or the parents may opt to attend mediation. Ultimately an application can be made to the Court for a Child Arrangements Order. The law states that when determining any question relating to a child, the welfare of that child is ‘paramount’. Any delay in resolving matters is regarded as potentially detrimental to the child.
There is as yet no statutory presumption in English law of ‘equal’ parenting, although there has been a move towards regarding shared parenting of children on separation as very much a starting point. However what is considered to be in the best interests of any particular child will very much depend on the unique circumstances of that family. The Court will take into account the factors set out in a ‘welfare checklist’, such as the age of the children and the effect on them of any change resulting from the Orders made by the Court. Where older children are involved, very often their wishes and feelings will also be taken into account.
The same principles, based on the children’s welfare will also apply in the event that parents cannot agree more specific issues relating to a child’s upbringing, for example relating to their education or religion.
Contact our specialist team of Family Law experts here at Chadwick Lawrence for more information: http://www.chadwicklawrence.co.uk/personal-services/family-law/
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