Children

Divorce Rights home > Resolving disagreements > Court Procedures > Children

Separation and Divorce

Children are often the most emotive issue within a separation or divorce and are likely to be your biggest worry. Most couples have some issues about children, even if they are not disputes which end up before the Court.

You need advice about the types of arrangements that work for other families, and that can be ordered by a Court.

If you are divorcing, or dissolving a civil partnership, the Court will want to be satisfied that the arrangements you have made for your children are satisfactory. The Court will want to know who cares for your children, where they live and how often they see each of you.  

If there are no disagreements about where your children should live and how often they should see each of you, it is more likely than not that the Court won’t make any orders in respect of them.

There are many orders that a Court can make regarding children but the main ones set out in the Children Act 1989 are:-

Parental Responsibility:
If you are a step-parent or father who does not have Parental responsibility for your child, or a child who lives with you

Residence: 
Where a child should live (“child custody disputes”)

Contact: 
How much time, how often and where a child should spend time with a parent he/she does not live with (“access, visitation rights fathers/mothers”)

Prohibited Steps:
To prevent something from happening in relation to a child eg. removing a child from a country, or preventing that child from coming into contact with someone

Specific Issue: 
To decide a specific issue of parental responsibility about a child’s upbringing eg. where a child should go to school

Our specialist Family Law solicitor team will help you find the best way forward for your family. 

Children's best interests

It is generally thought that it is in a child's best interests if:

• They are brought up by both parents, whether or not those parents live together.

• Each parent supports the child's relationship with the other parent in a positive way.

• The child is clear about arrangements made.

• Each parent tries to support the child to keep in touch with extended family on both sides, and close family friends.

• New partners support the arrangements made.

• The child is not exposed to arguments and conflict.

More information: