FAQs on Divorce and Children

Posted by mark gregory on April 7th, 2018

This article will discuss frequently asked questions with regards to the arrangements for children upon divorce:
 
Q1: If circumstances change will I be able to change the arrangements that my spouse and I have agreed upon with regards to our children when we are divorced?  
A: In arrangements for the children cannot be agreed then a referral to mediation must be made. If this is not successful for any reason, eg agreement cannot be reached, one of the parents does not attend, then an application to the Family Court for a Child Arrangements Order must be made. The Court will consider if any changes are in the children’s best interests and if so, will include these in a Child Arrangements Order. However, it is worth noting that it is unusual for a Court to order that a child who has been living with one parent for some time     should change residence and go to live with the other parent, unless there is good reason to do so, for example risk of harm.  The Court will also determine the arrangements for the children to see the parent with whom they do not live.
 
Q2: What can I do if my former spouse will not allow me to see our children?  
 
A: The first step again is a referral to mediation followed by an application for a Child Arrangements Order. If your former spouse continues to stop you from seeing a child despite an existing Court Order that allows you to do so, you can go back to Court on an application to enforce the original Order. It must be noted though that when the mater returns to Court it will be necessary to prove specific breaches of the order and this may be difficult. Only when the Court is satisfied that there has been a breach of the Child Arrangements Order without good reason, can it take action against your former spouse for breaching the Order. The Court has the power to impose a fine or a work placement order or imprison your former spouse, however, this depends on the circumstances and the seriousness of the breach.
 
Q3: Can I stop my former spouse from seeing my child?
 
A: It is generally assumed that it is in the best interests of the child to spend time     with both parents. However, under certain circumstances it may not be appropriate for a parent to have direct contact with their child, for example, if the child is at risk of harm or a victim of abuse or violent behaviour, or the parent wanting contact has issues that impact on the care of the child, such as alcohol or drug addiction or serious mental health issues. In such cases the resident parent can apply to the Court for an order to prevent contact. Even if a child does not     have direct contact with a parent, the Court will still consider whether indirect contact is appropriate such as letters, telephone calls, gifts etc to keep the channels of communication open and so that the child does have some relationship with that parent.
To instruct local divorce solicitors contact a law firm of professional family lawyers. 
 
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To contact local solicitors for wills the author recommends MG Legal Solutions.