Parents will so often say that the birth of their children is the best thing that ever happened to them. Well, so it follows that on separation from your child’s other parent, the children remain the most primary concern.
As parents, you might feel consumed by questions such as what will happen to the children? Where will they live? How often will they see me or the other parent? Will they have to change schools? Will their other parent change their name? The uncertainty at this time can be incredibly stressful.
Our professionals at Onions and Davies solicitors can give clear advice about the law and how it would be applied in your case. The Court views the welfare of your children as the most paramount consideration in any case, and we will advise you with this in mind.
Under the Children Act 1989 the Court has certain criteria it needs to take into consideration when determining the best interests of any child. Every case is different, and we can offer clear legal advice, support and guidance as to how the Court is likely to manage and determine any case concerning your children.
Arrangements for children are recorded now in a Child Arrangements Order. This is a comprehensive style of order, written in a prescribed way, which clearly records the arrangements. These arrangements can range from the most usual where the children shall live, and with whom and how often the children should spend time, to the less common provisions preventing the children being removed from the jurisdiction, or other specific issue such as schooling or changes of surname.
Occasionally, there are complicating issue relating to drink, drugs and domestic violence and such matters are given extra attention by the Court.
We would always recommend that matters concerning your children are resolved with the benefit of clear, professional legal advice.
If possible we would encourage parents to reach an agreement between them about what is best for their own children. Court can be a daunting and unfamiliar place and, whilst the court recognises that you as parents are best placed to make decisions concerning your own children, the court will impose a decision upon you if this is not possible.
We are advocates at Onions & Davies Solicitors of mediation, which is most often a useful tool at bringing parties together to reach common ground as to what is best for your children.
If it is simply not possible to do so, however, we are well versed at making or responding to Children Act applications and will be pleased to represent you however you might find yourself in the process. Speak to our Louise Martin at a no-obligation fixed fee appointment for more information.