It is often most upsetting for children when a relationship ends. Sometimes it is not possible for parents to agree on the future care of their children. Sometimes it is hard to agree seemingly simple things, such as how often the parent who does not live with the child should see them.
If you have a family with your ex partner we encourage agreement if at all possible to avoid distress to carers and children. It may be that a resolution can be achieved through mediation. If not, we will ensure that our client’s case is put forward sensitively and with persuasive legal argument.
If you need to arrange the best for your children, put your family first. Call a FIRSTFAMILY team member.
The Court understands that in the emotion of the breakdown of a family, people sometimes lose sight of what is best for their children. In general the Court will attempt to find out what is in a child’s best interests and will meet them. The child’s welfare is the Court’s main concern when dealing with a broken family. This approach applies to where the child should live and to the level of contact that an absent parent should have with the child.
A court will try to avoid making an Order. It prefers that parties try to resolve matters without court intervention. In the event that a Court has to become involved the judge can make a number of orders:
Residence Orders – clarifying where, and with whom, a child should live. These are usually in favour of one parent, but may be for joint, or split, residency.
Contact Orders – determining when and how often; sometimes where; or how long a person can see a child.
Prohibited Steps Orders – preventing something happening; such as removing a child from the country, or changing a child’s school.
Specific Issue Orders – dealing with issues to do with a child’s care or upbringing; such as what school the child should go to, whether a child can have certain medical treatment.
If you need to arrange the best for your children, put your family first. Call a FIRSTFAMILY team member. We can help in resolving disputes as to the care of children through the court; through mediation; or negotiation.