In family break-ups, whether it is in the form of divorce or separation, the children of the family are very often the innocent victims. They may be caught in the middle. There will be various matters regarding the children that the parties will need to sort out.
Having dealt with matters involving children, over many years, we understand the need to be sensitive towards the needs of the parties. We therefore encourage the parties to try to settle issues regarding the children as amicably as possible and to put the interests of the children above all else. One of the ways of doing this is through Mediation. Mediators are not necessarily lawyers and mediation is generally quicker, cheaper and less acrimonious than going through the Courts.
When there is no alternative, it is often necessary to apply to the court to determine various issues concerning the children, such as, who they should live with; how often and in what circumstances the other parent should see them etc. The general presumption is that the parent who is not living with the children is to be given reasonable contact with them. Children need both parents and animosity between the parents should not deprive a child from having contact with the non resident parent.
The Courts also encourage the parties to settle matters amicably and as early as possible. The Children Act 1989 is the main statute that lays down the criteria the Courts apply in children issues. Often a CAFCASS officer assists the courts in recommending the type of order that the court should make.
There may be threat of children being removed from the country. There may be other incidents where immediate remedy is required to protect the children. We are able to offer assistance in all areas concerning children including:
· Residence order. This provides who the child is to live with.
· Contact order. This provides when and how often the non resident parent is to see the child.
· Parental Responsibility Order. This provides who is to have the authority to make important decisions regarding the child.
· Prohibited steps order. This prevents a party from doing something, such as removing a child to another country.
· Removal of a child to another country. This can only be done by a Court Order. The Court will determine what is in the best interest of the child before making such order.
· Specific Issue Order. This is usually to resolve a particular issue which the parents cannot agree on. This may be such as which school the child should attend, the religion the child should be brought up in, whether or not the surname of the child can be changed etc.
· Wardship. This has the effect of putting the child under the care of High Court.
