Solicitor Southampton

Divorce and Children

The process of going through a divorce can be an emotional rollercoaster for the spouses. However this can be sometimes nothing compared to what the children are going through, especially as they may well be the focus of the process as the parties try and agree what will happen with respect to childcare arrangements.

Child arrangements

Most parents come to an agreement by themselves without needing the intervention of the court when considering child care issues. The Courts recommend that voluntary arrangements to be made between parents are agreed with respect to child arrangements as these are more likely to succeed in the long term. Mediation may be substituted by the court process if the parties prefer. If the parties cannot agree custody arrangements then the Court will have to intervene.

Filing for divorce

At the time you file for a divorce a Statement of Arrangements relating to the proposed child care arrangements will be included. If no agreement has been reached mediation may be advised. Otherwise the judge will ask you to attend a hearing to see if you can agree on matters. In certain cases meetings will be attended by a court welfare officer at your home while the children are present.

What does the law say ?

The Children Act 1989 states that the child’s welfare is the most important consideration.

If the parents were married when the child was born, both parents will be considered as having parental responsibility for the child.

If a father was not married to the mother when the child was born, the father will not be considered as having parental responsibility. He can however acquire it later by marrying the mother later or with her agreement.

What about money?

Until a child reaches 17 a parent has financial responsibility for the child. If the child is over 17 then that responsibility continues until he or she leaves full-time education.

The father of the child must pay financial support whether or not there is any contact. Contact issues should be kept separate from financial.

What is divorce/family mediation ?

Mediation is guided by a trained professional who listens to both parents’ concerns and guides you to coming up with an arrangement about the contact. The issues that will be tackled will normally be related to where the children should live and any other issues relating to property and finance.