Separation and Children

There are always exceptions and none of the above is likely to apply where there is serious domestic abuse or there has been significant harm to the children.

Seeking early advice about what a Court is likely to see as reasonable in respect of how your child’s time is shared between you and your ex could save a great deal of heartache to you and your children, or alternatively strengthen your understanding that you need to fight for their needs.

You may also need help if you cannot agree on what school they should go to, or if one of you wishes to move away or even abroad.

At Andrew Isaacs our lawyers have many years experience in dealing with Children matters and will support and guide you through the difficult decisions that need to be made.

When parents cannot agree how their children should share their time between them, then either of them can ask the court to decide the matter.

Before doing so they must first attend a Mediation Information and Assessment Meeting with a Family Mediator (which we can arrange).

If Mediation is not successful then an application can be made to the Family Court for a Child Arrangements Order, which can deal with matters such as where the child lives, how much time they spend with each parent, where they go to school etc.

Such Orders are binding on both parents and can be enforced via the courts if necessary. This is a court order that is binding on both parents, and which sets out the times and days that children must live at one residence or another

In fact the law states that it is the child who has rights in these matters – the right to have a close relationship with both parents, and it is the needs of the child which is the priority of the courts.

The Court will only restrict the relationship between a child and a parent if it is clear that this would not be in the best interest of the child

The family court will also be guided by the following welfare checklist when considering a child arrangements order:

1.	The wishes and feelings of the child, taking into account their age, level of understanding and maturity. Most Courts regard children of ten years and older as having an understanding of their circumstances but that does not mean that their wishes will be followed, anymore than they decide if they go to the dentist!
2.	The child’s physical, emotional and educational needs.
3.	The likely effect that any change of circumstances will have on the child.
4.	The child’s age, sex, background and any other characteristics that the court thinks are relevant.
5.	Any harm that the child may have suffered or is at risk of suffering.
6.	How capable the parties in the case are of meeting the child’s emotional and physical needs.
7.	All of the powers that the Court has under the Children Act, which could be used within the proceedings.

Before starting proceedings it is important to get legal advice on the strengths and weaknesses of your position.

Contact us today on this or any family law related matter.

Telephone:  01302 349 480

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