If your relationship has broken down, there will often be disagreements regarding the amount of time you and your former partner have with your children.
If you are unable to reach an agreement with your former partner on the time you spend with your children, the courts have a wide range of powers to make these decisions for your family.
The court can make various orders regarding children in a divorce, which include:
- Child Arrangement Orders. The courts can decide which parent the children will live with and how much time they will spend with the parent who they do not live with. This can also determine what other types of contact takes place and when, such as phone calls.
- Prohibited Steps Orders. This order will prevent a parent from carrying out specific events, such as removing the children from the jurisdiction of England and Wales without the other parent's consent.
- Specific Issue Orders. This can assist the parents when they cannot come to an agreement about the child's upbringing. This can include factors such as religion, education, diets, medical treatments or holidays. This can also include who your child spends other time with, such as school holidays, religious holidays and birthdays.
At Specters, we encourage parents to reach an amicable decision outside of court, and will assist you in mediating these matters. We believe that the welfare of your child or children should be the most important factor, as any orders that the courts will make will be made in their bests interests. We encourage parents to attempt to agree on a parenting agreement prior to taking matters to court.
Parenting agreements
A parenting agreement or plan is a document signed by both parents which stipulates the ground rules on how each party will parent apart. This agreement can agree anything you both feel is relevant to the upbringing of your children, from religious beliefs, to education, to dietary requirements. It also confirms any child arrangements you have agreed.
We encourage all parents to make this agreement legally binding by way of a consent order, which is a legal document signed by both parties and filed with the courts. A judge will then approve your agreement, unless they feel that it is not in the best interests of your child.
If you have any child issues, our specialist family solicitors can help you. We offer competitive rates to deal with your matter. You may be eligible for our free initial 30 minute advice as well as a second 30 minutes for £50.
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