We have children together, but I am looking to separate from my partner, what do I need to think about?
At Frettens, we understand how difficult divorce proceedings can be, especially when children are involved. Amy Langlois, specialist solicitor in our Family Team looks at divorce and child arrangements; detailing what parents need to consider.
What is the paramount consideration?
When it comes to relationship breakdown and children are involved, any decision you make should have the children as the paramount consideration.
Whilst it will need to be understood by all that there is no prospect of reconciliation between the two of you as partners, you should always try to maintain a united front in your role as parents in the best interests of your children.
That requires consultation, honesty and openness in dealings regarding the children. Non communication will lead to misunderstanding and a relationship breakdown as parents and will inevitably affect the children.
What happens if we can’t agree on child arrangements during divorce?
In an ideal world, you and your partner will come to an agreement between yourselves. However, when no agreement can be reached, the courts may have to become involved.
Before the involvement of the court, both parties must however attempt mediation (unless the matter is urgent).
This is a process where an independent third party who is a professionally trained mediator, helps you and your former partner reach an agreement together regarding your children and other issues you may have, for example, finances.
In the event where no agreement can be reached, one of the parties may decide to make an application to the court.
Click on this link for our fact sheet on Children Court Proceedings.
How do the courts decide child arrangements?
With the involvement of the court, the court’s paramount consideration is the welfare of the children. This means that the court will look primarily at the children’s interests, ahead of what the parents might desire.
The court will consider the following factors:
- The ascertainable wishes and feelings of the children;
- Their physical, emotional and educational needs.
- The likely effect on them of any change in circumstances.
- Their age, sex, background and any characteristics which are relevant.
- Any harm which they have suffered, or are at risk of suffering.
- How capable are you, your former partner and any other relevant person of meeting their needs.
- Any other powers open to the court.
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