When a family breaks down, it’s inevitably a difficult time and understandably, very important that any children involved are still supported both emotionally and financially. Time spent with each parent should enable children to thrive.
We advise parents to try and mutually agree through discussions, the arrangements for children, such as where your children will live and how much time they will spend with each parent. It is important that parents work together and be flexible as this reduces the possibility for any confrontation.
In an ideal world, parents would come to a mutually agreeable decision regarding the arrangements for the child – unfortunately, this isn’t always achievable.
If you can’t come to an agreement between you, the next step is to ask the court to decide.
A court can issue a child arrangements order, which sets out rulings on how care of the child/children will be shared between the parents.
It will specify things such as where a child’s primary home will be, the level of contact granted with the other parent, when and how this will take place etc.
When making a child arrangements order, a court will not be biased towards or against either parent but is required to act solely in the interests of the child or children concerned.
In order to reach a decision, the court will consider the welfare checklist:
- Your child’s physical, emotional and educational needs
- The likely effect on your child due to any change of their circumstances
- The wishes and feelings of your child, in light of their age
- Your child’s age, gender, background and any characteristics the Court considers relevant
- Any harm your child has suffered or is at risk of suffering
- How capable each parent is of meeting the child’s needs
- What, if any, orders may be necessary
Every case is different due to the nature of families having their own differences and needs. Each factor will be looked at carefully with regard to your child’s circumstances.
To learn more and speak with our specialist team, contact us for a free 30 minute consultation on 01792 468684 or email enquries@pgmsolicitors.co.uk.
