Divorce and Children

The life they have known is changed forever, there is often upheaval at home and it can have a lasting effect on them.

Deciding how best to look after any children, therefore, should be one of the over-riding priorities for any couple going their separate ways.

This involves minimising the impact upon the child’s daily lives where possible, ensuring they are provided for financially and making sure they continue to benefit from being with both parents wherever possible.

The law is very clearly based upon the rights of the children, rather than those of the parents.

If you were married, each party has parental responsibility and so is entitled to certain things, like knowing where the child is living. They can also apply to the court over issues of contact or residence for their children.

In most instances absent parents – most commonly fathers – have the right to regularly see their children, know where they are living and have access to certain information about their upbringing, such as how they are doing at school.

If a couple split up and were not married, only the mother has automatic parental responsibility. The father may also have parental responsibility, depending on when the child was born and if his name is on the birth certificate.

Step-parents also have a certain expectation of being involved in the lives of the children of their new partners. Their rights and responsibilities though are limited. More details are given in the section Step-Parents Rights and Responsibilities.

 For advice on things like child contact and residence book an initial free telephone appointment here or call 0800 3213832.

Further reading: 5 things to do to keep the arrangements about the children amicable