Children Matters

The advice here might sound obvious, but it really is worth bearing in mind to minimise any disruption to children, during what is bound to be a turbulent and emotional time for everyone involved.

1. Co-Parent – wherever possible it is important that both parents appear to be on the same page for all matters related to your children. Communication and consultation are key.
2. Keep arguments away – whilst emotions are running high it is very easy to lose sight of this. Children exposed to arguments in the home are bound to feel much more stress than those in a peaceful environment. Children benefit from having a positive view of each parent.
3. Reduce your stress – take time for yourself and do what you need to reduce your stress levels. This will ultimately rub off on your children and help to maintain a happier and calmer household.
4. Maintain routines – both adults and children alike need routine to help us function so where possible, keep your children’s routines as regular as they were before the relationship breakdown.

For more advice from a dedicated children lawyer, please get in touch with the team at Goughs.

The only reason you may need to go to court is where the parents really can’t agree on how to share care of the children. Before court proceedings, however, we would usually try mediation.

The amount of contact you are likely to get will depend wholly on your circumstances and what both parents want, alongside of course, what is in the best interests of the children.

We’d go so far as to say that, for most people, Court proceedings should be a last resort, but if necessary we can guide you through the process of applying for a Child Arrangements Order, a Prohibited Steps Order or a Specific Issue Order.

There’s no substitute for specific expert advice tailored to you and your family, but the following summary of the core principles of the law relating to children may be useful. Although these principles repeatedly mention the Court, the majority of cases dealing with children never go to Court:

– The child’s welfare is paramount in deciding all questions about his/her upbringing and property.

– Delay in deciding any question with respect to the child’s upbringing is likely to prejudice the child’s welfare.

– The Court should not make any Order unless to do so is considered better for the child than making no Order.

– The Court should, when applying the first principle above, pay particular regard to the following:-

• The ascertainable wishes and feelings of the child concerned (considered in the light of his/her age and understanding)
• His/her physical and emotional and educational needs
• The likely effect on him/her of any change in his/her circumstances
• His/her age, sex, background and any other characteristics which the Court consider relevant
• Any harm which he/she has suffered or is at risk of suffering
• How capable each of his/her parents, and any other person in relation to whom the Court considers the question to be relevant, is of meeting his/her needs
• The range of powers available to the Court under the Children Act in the proceedings in question