What happens to children during a divorce? When divorce and separation is the only outcome for you and your partner, this can have a detrimental impact and affect on children. For any child under the age of 18 and living in the family home, their welfare is considered paramount in the eyes of any court of law (Children Act of 1989).
Some separating couples manage to agree on where the children will live, including how time with each parent is allocated. But sometimes an appointed adjudicator will be required to sort out any minor differences. A solicitor can be used to make any child-related agreements legally binding.
We do not agree about our children’s future?
Children’s living arrangements can be very difficult to agree on and are the initial reasons so many couples end up in court. Potentially living apart, where you will not see your child, can be incredibly emotional and it is often fraught with argument
If you cannot agree what is best for your children, then mediation or ‘collaborative law’ will need to be considered. Relying on a judge to decide how you both should arrange your children’s welfare should be a last resort. Most people are sensible about discussing their children’s future. Do what is best for their needs and put any ill feelings aside.
Do children have any legal say?
Children cannot be involved in divorce proceedings, although parents are advised to get their feedback on what they would like to see happen. Whilst they do not make the decision, a court must consider their wishes and feelings in light of their age and understanding, so it is important to listen to them. It is surprising how perceptive and understanding children can be at such an emotional time.
During the divorce, mothers automatically have ‘parental responsibility’. Fathers also have parental responsibility if they are married to the mother, or (for births since 1 December 2003) are named on the birth certificate.
If both parents have a responsibility, then they are both liable for the child’s welfare until they are 18.
What is a shared residence?
This describes the process by which children are allowed to alternate residing with each parent in turn. This means parents do not require visitation or contact rights. Establishing a parenting agreement without the need for legal intervention is to the benefit of any child.
We hope you have enjoyed this blog read. What are your thoughts on this topic? We would love to hear your comments…