When a relationship ends in divorce, the welfare of any children involved is paramount.
During what is likely to be a difficult and stressful time, most parents would ideally wish to put their differences aside to agree about arrangements for their children.
Unfortunately, matters can become complicated and emotionally charged, particularly if there is a dispute over where the child resides or the arrangements to see the other parent, or confusion over the rights of family members such as grandparents.
In such cases, acting in the children’s best interests should always be at the heart of any decision making.
If you’re in conflict with your former partner, it is essential to consult a solicitor at the earliest opportunity to find out what your options are and ensure that your children’s best interests are protected.
What are children’s rights under the law?
Any issues relating to children when a relationship breaks down are dealt with under the Children Act.
The Act centres on the idea that children are best cared for within their own families, and courts will decide who a child should live with and how often the other parent is entitled to see them, based on what is deemed to be in the child’s best interests, not those of the parents.
The courts are unlikely to interfere in a voluntary arrangement, as the law considers that these are more likely to succeed than those imposed on the parties.
A family solicitor can help you and your former partner to make arrangements that are in the best interests of your child, without having to go to court.
However, if you cannot agree, then it will be necessary to attend mediation before resorting to court proceedings.
Child Arrangements Orders
Child Arrangements Orders can dictate where the child will live, known as a lives with Order, this can be predominantly with one parent or a shared care arrangement with both and the Order can also address the contact that the child will have with the parents.
In the event of a dispute, an application can be made to the court for a Child Arrangements Order, in which a Judge will be asked to decide where the child will live and who will have day-to-day responsibility for that child’s care.
Before an application is made the parties are now expected to attend mediation. This aims to help the parties work together to find a suitable solution and is a time and cost-effective way of resolving matters.
If you are unable to resolve matters through mediation and it does become necessary to issue court proceedings, then you will be required by the court to file a Family Mediation Information and Assessment form.
This will confirm to the Court that you have attended mediation but the matter has not been resolved.
Contact with arrangements
Child Arrangement Orders can also dictate contact arrangements between a parent and a child, whether this is by letter, card, email, telephone or face-to-face visits, including overnight stays and school holidays and special occasions.
In particularly acrimonious relationship breakdowns, or where there are concerns about a child’s safety, one parent may try to prevent the other from contacting the child.
If a parent feels they are being denied contact with their children they can apply to the court for a Child Arrangements Order for contact, which will set out who a child can have contact with and, if necessary, where this will take place and on what days and times.
The court will only grant an order if it believes it would be in the child’s best interests to do so.
If you are concerned about your child seeing their other parent, or you believe that you are being denied contact with your child, applying for a Child Arrangements Order can settle disputes. However, you need to be prepared for the fact that the court will ultimately make their decision in the child’s best interests, not yours.
Legal advice should be sought before proceeding with any sort of application, particularly as certain conditions may need to be met.
Get support from Palmers Solicitors
You should always seek expert legal advice if you are in a dispute with your former partner about child arrangements.
A family solicitor will provide practical, professional advice that centres the best interests of the child. This may resolve the problem without either party having to go to court.
No matter your current relationship status, you will continue to be a parent with your ex-partner for the rest of your life. This issue should be borne in mind before or during any proceedings.
Although it may be difficult, exploring every possible way to work with your ex-partner to make joint decisions about your children – with your solicitor or perhaps through mediation – is a hugely important step in protecting them from the worst anxieties and anger of divorce or dissolution, and ensuring that they continue to have a loving relationship with both parents.
If you are going through a divorce, it is vital to ensure that decisions are made in the best interests of your child. Contact our family law team today for expert advice and guidance.