The issues that often arise relate to where the child will live and how often the other party will see them. These are known as "residence” issues and "contact” issues respectively. If the parties cannot reach agreement on these issues, then in a divorce the parties can ask the court to intervene and to make residence and contact orders that bind both parties.
Where the parties have to resort to such court proceedings, the Court encourages the parties to take the dispute to mediation. By this, the parties meet with an expert mediator who can hopefully work with the couple to arrive at a sensible working arrangement.
If no agreement can be reached and if mediation fails to achieve agreement, then the last resort is a request to the court that it makes orders that both parties will have to obey.
The Court will consider what is best for the children and when making decisions, the welfare of the child is the 'paramount consideration'.
Among matters the Court will look at are the "ascertainable” wishes and feelings of the child in the light of their age and understanding, the current circumstances and any change of circumstances, the emotional, physical and educational needs of the child, and the age, sex and specific characteristics of the child
In addition to the initial questions as to residence and contact, disputes in relation to children can arise later too - for example one party may later want to work overseas, move overseas, or return to their home country. In that situation the Court can consider whether or not to give permission for the child to be taken out of the jurisdiction.
Other disputes relating to the children can arise later too - for example in relation to what school the child will attend. Other issues might be whether one parent can insist on a certain medical treatment for the child, or stop a child being taken out of the country, or stop a child from having any contact with a particular person.
In relation to the divorce itself, in relation to financial aspects of a divorce, and in relation to all aspects of divorce and family breakdown that relate to the children in the marriage, our large and leading Matrimonial Law team can help and guide you. They will talk to you free of charge to de-mystify the process and to clearly explain your position within the process at any time.
As we say, we are always there for people and families who are in our PURPLE LEGAL scheme. We invite you to join PURPLE LEGAL now. By joining PURPLE LEGAL, you can have all your legal enquiries answered free of charge by simply booking a SolicitorSlot for a time and date that suits you. Alternatively if you wish to speak to us now, please click on "Please Contact Me Now” or call us on 0845 567 5000. We look forward to always being there for you.
