Children Issues? We understand that your children will be your first concern Call us today for your free initial consultation 01525 40 60 30 email us at email@example.com or ask us a question using our online enquiry form Your children are not automatically considered in divorce proceedings and the Courts would much rather parents worked out arrangements together but if this is not possible then a separate application can be made for a Judge to make decisions about what is in the best interests of the children. Being able to spend time with both parents is considered to be the right of every child. If you can't agree about the arrangements for the children then at least one of you will need to attend an initial meeting with a mediator before an application is made to court. Mediation can be a very successful way of resolving issues and tends to be faster and less costly than court proceedings. Some mediators are able to involve your children in discussions too as the children's views can be taken into account by the Courts in making decisions. The older the children are, the more weight will be given to their wishes and feelings.
The welfare of the children is considered paramount.
Expert independent advisers to the court, known as CAFCASS officers, are often called upon to make recommendations to the Judge about what is in the best interest of the children; being able to have a relationship with both parents is considered to be the right of the children rather than of the parents.
Issues the court can deal with include:
Who the children should live with and how frequently they spend time with the other parent
Resolving any particular dispute with regard to the children - for example about their education, health or religion, a change of name or if a parent should be able to take them out of the country for a holiday or to live.
Sharing parental responsibility where the child’s father does not have it automatically
Payment of school fees and other financial claims on behalf of the child