On separation or divorce both parties will naturally be concerned and have thought long and hard about the impact of the breakdown of the relationship on the children. Both will want to continue their bond and relationship with the children. Indeed this will be the case even more so now to reassure them that they are loved.
The welfare and interest of the children is of paramount importance. This is of course the case for all parents but is also the first principal of the courts in all Children Act matters.
Many years ago a divorce would record which parent had ‘custody’ of the children – now known as ‘Residence’. This often occasioned paper being waived about between the parties, in front of the children, showing authority and control over them.
Today’s approach, we are pleased to say, is very different. There is a laissez-faire attitude. You are the parents. You know your children best and what arrangements are best for their day to day care and visiting absent parents. If matters are agreed there is no need to record this in writing or obtain sealed orders requiring the parties to stick to a rigid regime regardless of the need for flexibility with most arrangements.
The only place the arrangements will be noted is the form relating to children file with a divorce petition and this only indicates the arrangements at the time the petition was issued and is not set in stone. Please refer to the Divorce page for more details.
Allwyn Sanger encourage parents to come to a sensible arrangement for the best interest of the children.
Often Mediation can help parties keep a calm and constructive dialog to make arrangements. We can also help in the negotiating process and where appropriate record any agreements to act as a focus and established routine for all.
Where it is not possible to come to your own arrangements an application to the court may be issued for one of the following:
Each party may make an application to the Court for the Order sought in form C1.
This is the first Hearing. Both parties are required to attend Court and any children over the age of 9 years old may attend Court at the Hearing. Prior to the hearing an officer from the Children and Family Court Advisory and Support Services (CAFCASS) who is in attendance at Court will speak to each of the children and each of the parents in a private room to ascertain their wishes. The CAFCASS Officer will then report to the Court and a temporary Order may be made accordingly. Directions are made by the District Judge to be reviewed at the next hearing. This is particularly the case where children are to spend time living with both parties.
The Court often requires:
The court may before listing the matter for a final hearing order a further directions appointment to bring the parties and CAFCASS together in an effort to agree arrangements and avoid the cost and inevitable stress of a final hearing.
The timescale for matters concerning children inevitably varies a great deal from case to case and may also delay the divorce procedure.
> Return to main Children Matters page
St Stephens House
Arthur Road
Windsor
Berkshire
UK
SL4 1RU
Tel: +44 (0)845-2171377
Fax: +44 (0)870-7347821
email: enquiries@allwynsanger.com
