Children issues whether it be which parent the child should live with; how often they should see the non-resident parent; what surname they should have or where they should go to school can often prove tricky issues to agree upon separation or divorce. All our lawyers will approach these issues sensitively and ensure that your children’s welfare is paramount.
At Rix & Kay, our team can provide effective and pragmatic advice to you regarding issues you may have involving your children and the options available to you.
Where there are children involved, we will encourage you to consider trying to resolve any issues directly or if this is not possible, by using either the options of Mediation or Collaborative Law. These options help to open a dialogue between you and your former partner/spouse with the aim of helping you to reach an agreement. If you require us to liaise with your former partner/spouse on your behalf, we will do so with the aim of resolving matters without the need for court proceedings.
Going to court
There are situations where disagreements cannot be resolved without the involvement of the Court, in which case our Family Team are extremely experience in representing you throughout the Court process. There are a number of reasons the court may need to get involved in helping to make decisions. If one parent behaves particularly unreasonably or you are concerned about your children’s welfare, you may need the court’s assistance.
The Court will always take into account s1(3) of the Children Act 1989 (known as the welfare checklist) when making a decision about your children.
The factors which the court will have regard to are:
- The ascertainable wishes and feelings of the child concerned (considered in light of their age and understanding)
- Their physical, emotional and educational needs
- The likely effect on them of any change in their circumstances
- Their age, sex, background and any characteristics which the court considers relevant
- Any harm which they have suffered or is at risk of suffering
- How capable each of the parents are, and any other person in relation to whom the court considers the question to be relevant, of meeting the child’s needs
- The range of powers available to the court under this Act in the proceedings in question.
We are able to assist and advise you on whether to make an application to the Court, and throughout the process.