Divorce & Separation

Divorce and Children

Who will get custody of the children after a divorce or separation?

In legal terms the concept of ‘custody’ no longer exists. It was replaced by the idea that parents should work together to try and agree arrangements for where the children should reside and the basis on which they should have regular contact with the other parent.
It is up to you as responsible parents to try and agree these arrangements, taking into account what you feel is best for the children. If no agreement can be reached then the court can become involved. In making any such decision, the court’s first and most important consideration is the welfare of the children and not any supposed ‘rights’ of the parents.

If my children stay with my ex-partner, how often will I get to see them?

What is important is that as parents you work out a routine for contact which is regular and which suits the needs of both parents and the children to maintain frequent and significant contact with the non-resident parent.
In some cases where the children are of school age, it might only be appropriate for contact to take place at weekends. Whenever possible the children should be encouraged to spend long periods with the non-resident parent, to include overnight stays.
This might not suit all circumstances and there might be some cases where for practical reasons it is not possible to agree overnight stays or contact for more than a few hours at a time. However, there are no specific rules and it is up to you to agree a plan and a routine that suits the children. In our experience, agreements reached by the parents work better than those imposed by the court.

Contact us for a consultation or follow the links for more information.