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THE CHILDREN
We still talk about our rights concerning our children when a relationship breaks down but these no longer exist. Now we must focus on the children’s rights and our duties to our children as parents. We have responsibilities for our children but they have real and urgent rights.
The terminology has changed. For example there is no longer “custody” but residence, no “access rights” but contact arrangements. These days, the Courts will not interfere with your arrangements for your children unless you ask them to settle a disagreement. Any dispute will not be decided as a contest as to who is the better parent but wholly on what is best for the child, even if that is unfair to one or other parent.
It is vital for the future emotional well being of your children that neither parent uses them as a tool or bargaining chip in any battle against the other parent. Children can cope with divorce. What they cannot handle is conflict between their parents. Remember that they love both of you and cannot be expected to take sides.
All mothers, irrespective of marital status, have automatic Parental Responsibility for their children from birth. At the moment however, only married fathers have Parental Responsibility but a mother can grant it to the father by signing an Agreement. If she refuses then the Courts can and usually will, grant Parental Responsibility to the father.
Maintenance for all children of both parties’ is dealt with by the Child Support Agency, provided the father resides here, or is a member of the Armed Forces posted abroad. Otherwise, the Court can order maintenance to be paid in those circumstances where the CSA has no authority, for example; for stepchildren and to order the payment of school fees.
An application for Residence or Contact is made to either the County Court or the Magistrates Court and an initial hearing is fixed when it is decided how best to resolve the problem. Sometimes the Children and Family Court Advisory Support Service [CAFCASS] Officer can help resolve problems on an informal basis. For others, the best way forward will be for Statements to be prepared and exchanged with a CAFCASS Officer who will then present a formal report to the Court. If the parents are still in disagreement, the Court will decide after a full hearing of all the evidence.
If both sides agree then the issues relating to the children can be resolved quickly but if there are disputes involving children the process can be drawn out and complex. It is essential that you have specialist legal advice throughout this process to ensure that your children’s interests are put first.
Lincoln Branch:
Diane Genders Ltd. Resolution House, Crusader Road, Lincoln, LN6 7AS
t: 01522 516500 f: 01522 516509 dx: 700 676 North Hykeham
Nottingham Branch:
Diane Genders Solicitors,
15 Wheeler Gate,
Nottingham,
NG1 2NA
t: 0115 852 4750 f: 0115 852 4001
e: Diane@DianeGenders.co.uk w:www.DianeGenders.co.uk
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Diane Genders Ltd is a company registered in England and Wales
with company number 2787992 and is regulated by the SRA