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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 Law 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’.
The Children Act 1989: Statutory 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 Southampton 023 8071 3060 for a free initial consultation.
For specialist advice in all areas of Family Law and Wills & Probate please contact us on 02380 713 060 for a free consultation.Book a call back