Ending a relationship doesn't just affect you and your partner – if you are parents, you will undoubtedly want to do what is in the best interests of your children.
Making sure the children understand what is happening is essential, but this can be very emotionally stressful for them, and for you. Children are often the most affected in a divorce because they may feel torn between both parents, which is why keeping things as amicable as possible is always the best approach.
Your child or children can also feel unsure and afraid about the future: where are they going to live? Will they have to attend a new school and leave their friends behind? Will they be able to spend time with each parent and, if so, how much time?
Family solicitor Amanda Vermeulen offers expert advice on a range of legal matters involving children.
Ideally, drawing up an agreement on child arrangements after divorce should not have to reach the court stage. In reality, however, it can be very difficult to remain impartial when strong emotions are involved.
If both parents can agree upon a reasonable and workable plan for the children’s living arrangements, together with any necessary measures regarding access and finances, there is no reason why, as parents, you cannot continue making joint decisions as you did before the divorce. You might also want to take into account specific requests from your children, particularly if they are older.
Besides living arrangements, the other main priority to consider is establishing how the children can spend enough time with each parent. After that, issues such as continuity of schooling, friends, and any clubs or activities can also be considered.
If you cannot reach an agreement, before applying to the family court for a Child Arrangement Order, you must first attend mediation. If the mediation is unsuccessful, you can then seek a Child Arrangement Order in the Family Court.
This is a final court order made by the Judge, setting out the details of which parent the child will live with and when the child should spend time with the other parent.
It is worth noting that, from a legal perspective, the basis for all child arrangements is that children should have contact with both parents, unless it can be proven that this would be to the detriment of the children’s welfare.
As the name suggests, Specific Issue Orders focus on particular matters, for example, which school a child is to attend, whether they can receive certain medical treatment, or which church they can attend. If granted, a Specific Issue Order allows either parent to carry out the order, even if the other parent does not agree with it.
Like Specific Issue Orders, Prohibited Steps Orders also deal with specific matters, but they work in exactly the opposite way – so instead of granting permission, they prevent the person named in the order from taking the specified course of action.
Examples of a Prohibited Steps Order include preventing a named parent from changing the child's name, moving them to another school, or taking the children out of England and Wales.
For jargon-free, sympathetic, legal advice, speak in confidence to Amanda Vermeulen. As a family law solicitor, she is committed to helping you reach the best possible outcome for you and your children. Get in touch with Amanda to discuss your case and any queries you might have. Call 0121 285 8150 or email Amanda today, or request a free callback by completing the form on this page.
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Family Law and Divorce Solicitor Amanda Vermeulen serves the West Midlands, Warwickshire, Worcestershire and surrounding areas, from Birmingham, Solihull, Wolverhampton and Walsall to Stourbridge, Redditch and Stratford upon Avon. Get in touch today to see how Amanda can help you.