How do I put my children first during a divorce?

Napthens - October 14th 2014

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How do I put my children first during a divorce?

“One of the main worries of any separating couple is how will the split affect my children, who are they going to live with and if they are not going to live with you how often are you going to see them. It is very important that you discuss children arrangements early on and you try, if you can, to reach an agreement between you because each family is different and what works for you might not work for somebody else.  If it is not possible for you to reach an agreement with your ex-partner or ex-spouse, the best thing to do is to seek independent legal advice from a solicitor specialising in family law.”

How can a solicitor help me to resolve children issues?

“An alternative approach would be that you would go to mediation.  Mediation is going to be compulsory from April 2014 in all cases before they go to court, the cases will have to be referred to mediation. If after mediation you still haven’t managed to resolve the children issues then the option really would be that you make an application to the court for a residence order, if you want the children to live with you or for a contact order if you want to have some regular contact with the children.  The court looks at it from the children’s point of view and says that the children’s welfare is the court’s paramount concern but the thing about the court process is that it imposes a decision on both of you and it takes away from you your ability to make your own decisions so you have to be fully informed before you go down the court process.  The best thing to do is to sort things out between yourselves and to see a solicitor trained in family law as soon as possible.”