Separation can be a difficult time and particularly for any children. Parents must still be able to make appropriate arrangements for their children, whether it is in respect of where they will live (including dispute as to which Country they will live in), when and how they will spend time with each of their parents, the child’s education and other such important considerations. Where parents are not able to resolve such matters between them, we offer clear advice on the way forward.
We encourage an amicable resolution whether in taking forward proposals with one of the parents, in helping to formulate a parenting plan or in supporting forms of dispute resolution, including mediation. However, where it is not possible for all arrangements to be amicably agreed, we have specialist knowledge and experience to pursue the best outcome through a formal application to the Family Court.
A Court application is for Child Arrangements Orders. These replaced the old style of “Residence” and “Contact” Orders (formerly known as “Custody” and “Access” Orders) and focus on where the child will live and when they will spend time with each of their parents.
The law does promote both parents having an important role to play in a child’s future life, irrespective of who left the relationship, or how the parent personally may feel about their former partner. The emphasis is very much the child, with their best interests being the Court’s paramount consideration. Unless there is a very good reason for the child not to spend time with one of the parents, ie. that the child will be at risk of significant harm from that parent, then the Court is to presume that involvement of that parent in the life of the child concerned will further the child’s welfare.
In the event you are currently facing difficulties with regard to the arrangements for your child(ren) then please do not hesitate to contact our specialist children department for child focused, sound advice for the best outcome for you and your child(ren).