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Children
Under the 'Children Act' the basic policy of the Court is not to intervene in matters relating to the children of a divorcing couple unless there is an absolute need to do so. Therefore, if you and your spouse are in agreement as to the future care and support of your children, the Court will not make an Order unless specifically requested to do so.
In every case where a divorcing couple have children, they have to file a Statement of Arrangements as to Children with the Court.
This is a fairly lengthy document providing details of your children and the arrangements you have agreed upon for their future care.
The Statement is filed with your Divorce Petition at the beginning of the proceedings. A copy is then sent to your spouse who hopefully will state his/her agreement to these arrangements in the Acknowledgement of Service which will have been sent to him/her by the Court with the Divorce Petition.
If there is a dispute, the Court normally intervenes and orders that a meeting be held at Court between you and your spouse in the presence of a Court Welfare Officer to try and settle any disagreements.
If no agreement can be reached, the Court can make a temporary order in relation to the children, and statements and reports will have to be filed with the Court giving the arguments of each side and the matter will be settled before a judge.
PLEASE REMEMBER – Contested proceedings regarding children are extremely stressful and upsetting for all parties concerned including the children themselves. Every effort should be made to compromise and find a solution to any disagreements between you and your spouse.
PLEASE ALSO NOTE – If a dispute is unavoidable, we can offer initial advice but will recommend another family law solicitor to handle the case on your behalf, as we handle only uncontested services at present.
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