Family and Children

Residence & Contact

The Court's approach to any matter that concerns children is "What is the best interests of the children?". The Courts in this country are concerned with the quality of care that can be given to children, they are not especially impressed by, for example, who has the larger income or more possessions.

There have been various changes to the Law relating to children introduced by the Children Act. This Act encourages a different approach to disputes concerning children. It is important to understand some basic principles in the Act.

The Paramountcy Principle - In deciding anything to do with a child the Court's paramount consideration is the child's welfare. The Court must decide things on what it thinks is best for the child.

Parental Responsibility - The Law recognises that parents are the people responsible for a child. The child of a married couple has two parents and both of them are responsible for that child. On divorce they can continue to share that responsibility. In other words, if decisions have to be made about for example a child's education, religion, or medical treatment, that should be discussed and agreed upon by both parents. If not, then the Court may have to decide the question.

The "No Order" Principle - The Court must decide whether it would be better for the child to make no order at all rather than making an order. The idea behind this is that the Court takes the view that parents are responsible for their child and will act sensibly. The Court will only become involved and make an order if necessary. For example, it is common now for no orders at all to be made as to residence (roughly what used to be called "custody") and contact (roughly what used to be called "access") in a divorce because the husband and wife have agreed where the child should live and when the other parent sees the child. Unless any particular problem arises that is how things will remain until the child grows up. There is no point in making an order if the parents have already agreed what is to happen.

The Welfare Checklist - When the Court is considering dealing with anything to do with a child it has to pay attention to:-

the wishes of the child

the child's needs

the effect of any change on the child

the child's age, gender and background

any harm the child has suffered or may suffer

how capable each of the child's parents is

the options available to the Court

Please remember that so far as you can, you should act in as civilised and polite a way as possible when dealing with the other parent on anything to do with the children, especially over contact. There is no need for the children to be involved in disputes and disagreements between the parents. When this happens the friction and "aggravation" only upsets and distresses the children and makes matters worse for them.

Like all other parts of a divorce, each case has its own special features which must be considered. Because all children are individuals, this is perhaps even more important - what may be right for your child may not be for another. If you are not sure about any aspects of children in divorce or separation, please ask one of our specialist solicitors.

If you know who you want to contact in the Family Law Dept.,
follow their link for details;

Iain White or Sandra Nunn

Cozens-Hardy LLP is a limited liability partnership