The Children Act gives both parents Parental Responsibility – legal responsibility for their children which will not be lost upon Divorce.

 

This means that both parents should continue to be involved in all aspects of their children’s welfare consulting upon issues such as health and education.

 

Regrettably, there are times when parents cannot agree on these issues or generally upon the arrangements to be made for their children. In such cases there are Orders that can be made, the main ones being:

 

• Residence
• Contact
• Specific Issue
• Prohibited Steps

 

Arguing over which parent the child should live with (residence) or how much time they spend with the absent parent (contact) is extremely distressing not just for the parents but also the children and application to the Court should be a last resort, but some issues relating to the capability of a parent to care for a child, do need to be investigated.

 

The Court process will aim to resolve differences through Mediation negotiation and if appropriate, the appointment of a Child and Family Court Adviser who will meet with the parents and the children.

 

Sometimes parents cannot agree on where a child should be educated or whether for example they can go abroad on holiday with one of the parents. The Court can assist in determining these specific issues.

 

Occasionally, parents threaten to remove their children and in those circumstances we can make an immediate and urgent application to the Court for a Prohibited Steps Order.

 

We encourage parents to resolve children disputes through negotiation but if that fails we are here to fully support and represent you through the Court process.

 

If you are concerned about a children matter do not hesitate to contact a member of our Family team to discuss how we might help

 

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