Children and Divorce

Agreeing Childcare Arrangements

There are several factors to take into account when arranging childcare during a divorce.

Residence

It has to be decided whether the children will reside with a sole parent or, if living with both parents, how time will be split between them.

Contact

This refers to how much time the children will spend with the parent that they do not live with. If the parties can agree on an arrangement then normally no court action will need to be taken. The court encourages parents to come up with their own agreements as it means they can be flexible and changed without having to go back to court.

Mediation

Mediation may be required if it is not possible to get in contact with one of the parents. The process involves parents having a series of meetings with a trained mediator to establish a childcare agreement which both parties are happy with.

Going to court

If an agreement can’t be made then one of the parties will have to apply to the court for contact or residence orders. They will then have to attend a hearing where the court will assess what should happen next, and a Children and Family Court Advisory Support Service Officer will try to determine whether an agreement can be made through mediation. If an agreement can still not be made, the next step involves a final hearing where both parties and their witnesses are questioned by the court. Once all evidence has been heard the court will make a decision as to what orders to make and the reasons behind this decision.

Dealing with divorce

Despite what you will hear from various doom mongers about the imminent collapse of our society and the fact that everyone is getting divorced and there will soon be packs of feral children picking through our bins, the divorce rate in the UK has actually been falling in recent years.

An explanation of separation

Separation is usually the precursor to divorce for married couples whose relationship has deteriorated beyond all hope of reconciliation. A couple may separate informally or may wish to formalise things by putting in place a legally binding separation agreement.

Legal matters in divorce

Divorce is the formal and legal dissolution of a marriage and acts to cancel the responsibilities and duties the two people have towards each other. A process that will have such an effect on a family’s life will involve a large amount of legal documentation, with which it is advisable to seek legal help.