https://www.mybump2baby.com/wp-content/uploads/2020/03/Dealing-with-Children-issues-after-seperation.jpg 200 300 email@example.com https://www.mybump2baby.com/wp-content/uploads/2016/10/mybump2babylogo-300x79.png firstname.lastname@example.org 13:27:462020-03-29 14:24:02Dealing with Children Issues after Separation
At MyBump2Baby we like to support growing families by linking them with family protection businesses throughout the UK. Today we share an article from Aramas Law, our Family Law Solicitor Specialist in Manchester. The Article covers dealing with children issues after separation.
As a family solicitor, I am often faced with many distressed parents who are unable to reach an agreement with their former partner to decide what arrangements for the children should be. At times parents who have the children living with them seem to control the situation and start to make all the decisions without informing the other parent regarding what they wish or have to say.
Divorce and separation can be very difficult to come to terms with, especially when children are involved. Settling into a new routine as quickly as possible can help, which is why agreeing the arrangements for your children is one of the most important things to decide during a divorce.
Settling your dispute through negotiation or by accessing a mediator is always the most appropriate way. It’s quicker, less stressful for you, and can promote a good working relationship with your ex-partner for the future. However, from working with thousands of families , sometimes it’s not possible to mediate or even negotiate.
These are a few of the main Children Act Orders that I have to issue:
- Child Arrangements Order– this sets out where your child will live and spend time (what people commonly refer to as custody and access or contact and residence)
- Prohibited steps order – this can prevent your ex-partner doing something, such as changing your child’s surname or moving abroad
- Specific issue order – this can decide a particular issue, such as where a child is to be educated
If you can’t agree the arrangements for your children with your former partner – either between yourselves or through mediation – then the court will need to decide for you.
The court’s main priority when deciding child arrangements is the wellbeing of your children. In most cases, they view children having regular contact with both parents as being best for their wellbeing. The court will also view contact with the child’s extended family (for instance grandparents) as important to their upbringing.
When deciding the details of a child arrangements order, the court must take into account all of the factors listed in the welfare checklist in Section 2.1 of the Children Act.
- The child’s wishes and feelings (these are not necessarily a deciding factor)
- The parent’s ability to meet the child’s needs
- Any harm or risk of harm to the child
- The child’s age, sex and background
- The likely effects of any change to the child’s care arrangements
- The child’s physical, emotional and educational needs
The law encourages co-parenting and it’s important for both parents to remember that even if they have decided to separate, then the relationship between each parent and child should remain the same unless contact is shown to be unsafe for the child.
The involvement of both parents in a child’s life is very beneficial and the courts adopt the Welfare Checklist in the making decisions about children cases. Once either party make an application to the court, the matter is then in the hands of the judge and it is the judge who makes the final decision on the case.
Best way to resolve child arrangements is by both parents communicating with one another. If communication is broken down and an agreement cannot be reached, then an appointment with a family solicitor would be helpful. Family solicitors try to resolve the problem in a non-confrontational manner, meaning they will assist in negotiation to reach an agreement amicably whenever possible. If this is not possible, then the next steps at Court will be arranged.
If you are experiencing difficulty with making child arrangements or have any questions, please contact us on 0161 8175014 or leave your details on the contact form and we will contact you when it best suits you.