When a relationship breaks down it is important that the children of the family are prioritised. Breaking the news to children that their parents are separating is a tough time for any parent or carer. It is essential that such issues are handled sensitively by all members of the family in a planned and calm manner so that the children are reassured that their parents love them and so that they know what to expect about where they will live and when they will see both parents in the following months. It is always best if the adults involved are able to discuss any disputes and reach an agreement themselves directly rather than having to use the court process to make a decision about such issues. Specialist legal advice should be taken and use of Mediation or the Collaborative Practice process should be considered to achieve the best possible outcome for the children.
Only as a last resort should an application to the court be made. The court will only become involved and make orders in relation to children where it is necessary for them to do so and where it is in the best interests of the children. We are able to give detailed and clear advice on the following:
In considering any application, the Court’s paramount consideration will be the welfare of the children and as such it will consider a number of factors known as the ‘welfare checklist’.
Under Section 1(3) of the Children Act 1989 the court must have regard in particular to:
For specialist and sensitive advice about any issues relating to children’s solicitors please contact us on 023 8071 3060 for an initial consultation.
Here are answers to some common questions about children and childcare. If you don’t see what you’re looking for, please get in touch with us online or call us on 02380 713060.
There is no assumption that children will live with one parent over the other. The primary focus is always on what is in the best interests of the child(ren). If you cannot come to an agreement, the Court may need to step in and make a decision, but this is considered a last resort. The Court will encourage you to attempt to resolve issues through mediation first. However, if the child(ren)'s current living situation poses an immediate danger, emergency applications can be made to the Court.
A MIAM (Mediation Information and Assessment Meeting) is an opportunity to learn about the available options for resolving disputes without going to court. Attending a MIAM is required (unless you qualify for an exception) before starting most Family Law proceedings, such as applying for a Child Arrangements Order or a Financial Remedy Application.
A mother automatically gains parental responsibility by giving birth. A father only has parental responsibility if he is married to the mother at the time of the child's birth or if he acquires it through one of the following ways: