Family and Divorce - Childrens Matters

When a relationship breaks down possibly the most difficult thing is to ensure any children understand what is happening.  The less friction there is between the parents the less upsetting a separation will be for the children.  We have substantial experience in dealing with the following:-

Parental Responsibility

This is the description of the duties and responsibilities which parents have toward their children.  We are able to advise parents as to their rights with regard to obtaining parental responsibility should they not automatically have it. In addition in second marriages step-parents can now acquire parental responsibilty. Again we can advise on the implications of the process for obtaining parental responsibility in such circumstances.

Contact

Previously known as access, this is the time that the parent with whom the children do not live have with the children.  Contact with the non-resident parent is a child's right, however it is not automatically the parent's right.  In most cases it is best if parents can agree as to the level of contact to be had by the children and the non resident parent. If this is not possible we can assist in negotiations and ultimately advise upon and pursue formal applications before the court. If parents simply cannot agree arrangements then ultimately a judge can impose and enforce appropriate arrangements. This can be a lengthy process and it is vital that you secure expert advice from our specialist team at the earliest opportunity.

Residence

After separation a decision must be reached as to which parent the children will live with on a day to day basis.  Where agreement can be reached between the parties, there is no need for any order to be made to dictate with which parent the children should live.  Should parents not be able to agree the issue of residence we can attempt to negotiate agreement between the parents.  Should the attempts to agree not prove successful, a court application may be necessary.  We will advise you on the likelihood of success in your case and prepare all documentation required and represent you at court.

Money and property for children

Parents have a legal obligation to financially support their children until the age of 19 or completion of full-time secondary education.  The parent who does not live with the children will be expected to pay maintenance for the children.  If maintenance is paid voluntarily there is no need for the involvement of the Child Support Agency.  If agreement cannot be reached a referral to the Child Support Agency can be made.  We are able to give an accurate estimate of the level of maintenance the Child Support Agency may order to be paid should a referral be made.