Children Arrangements
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When deciding to separate, the main concern for many parents is how it will impact upon their children. When parents are unable to reach an agreement on the arrangements for their children, our team can explore different options and help you resolve the issues.
A Non-Confrontational Approach
There are a number of non-confrontational options to achieve a solution such as mediation, arbitration and collaborative law. If possible, we always encourage parents to resolve matters without the need for court proceedings but we recognise that this is not always possible and our team are on hand to provide you with advice and support throughout.
In the event that an agreement cannot be reached the court has the power to make a range of orders in relation to your children such as:
- Child Arrangements Orders that will specify with whom a child will live and set out contact arrangements for spending time with the non-resident parent
- Prohibited Steps Orders which prevent certain steps from being taken such as changing a child’s school or taking them abroad.
- Specific Issue Orders which provides for a how a specific issue should be deal with such as obtaining permission for a holiday, or for a change of name.
In applications that concern children, the court is required to have regard to the “welfare checklist” and treats the child’s best interests as the paramount consideration. In deciding what is in the child’s best interests, the court will consider the following:
- The children’s wishes and feelings (having regard to their age and understanding).
- The needs of the child.
- The effect the change of circumstances is likely to have on the child.
- The child’s age, sex, background, etc
- Any harm the child may suffer or be at risk of suffering, and
- How each parent is capable of meeting the child’s needs.
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