Children

When couples separate there are many issues that need to be resolved but the most emotive are those relating to children .

If possible, you should come to an amicable agreement with regard to residence, contact and other childcare issues, including access for grandparents to the children.

An application should only be made to the court as a last resort unless urgent action is required to safeguard the interests of the child or children. For example, there may be a fear of abduction.

If you are unable to agree, you are encouraged to attend family mediation to try and resolve outstanding issues. If mediation fails or is inappropriate then we will make an application to the court.

The court can make the following orders with respect to children:

Residence - this determines with whom a child will reside. The court will take into account, for example
- Who is best able to meet the child's day-to-day needs
- What has been the domestic routine of the child's life to date
- What are the work commitments of the parties
Parental responsibility - relates to the rights, duties and responsibilities of a parent to their child, usually made in favour of unmarried fathers and step-parents
Prohibited steps - used to prevent a specified course of action, for example taking a child abroad, changing the child's school or changing the child's name.
Specific issue - a decision that relates to the child, for example their religious upbringing or medical treatment