Children and divorce – a guide for divorcing parents
In UK law, after a divorce, both spouses hold parental responsibility. This is also the case after the dissolution of a partnership, provided the man has recognised the child. In any case, both partners are accountable for raising and caring for their children.
If you are a parent going through a divorce, you are probably worried about its effects on your children. Andrew & Andrew family solicitors in Portsmouth are members of Resolution, a national organisation of family solicitors committed to non-confrontational divorce and separation, and will help you deal effectively with some of the sensitive challenges related to divorce.
The Children Act 1989
The Children Act 1989 is important legal because it emphasises that all decisions made about a child after a divorce should take into consideration their wellbeing. Some factors to take into consideration when applying for a divorce include your children’s feelings, any likely effects that a change of circumstances will bring, their sex, religion or any special need that has to be accommodated in a controlled environment as well as your parenting skills. Your family solicitors in Portsmouth will guide you through all these parameters.
In general, children aged 12 and over should give their opinion if a decision on parental responsibility is decided by a court, but this does not apply to younger children.
Will I have to go to court to make agreements for my children?
In most cases, divorcing parents can reach an arrangement for their children during and after divorce, without the need to go to court. These arrangements include issues such as where their main residence will be and the overall time spent with the other parent. Andrew & Andrew family solicitors in Portsmouth favour settling arrangements relating to children without a court being involved, since we are members of Resolution.
However, we appreciate that sometimes an agreement between spouses cannot be reached without the intervention of a court. In this case, we will do our best to protect the best interests of your children. Our family solicitors in Portsmouth will give you more information on the court process during divorce.