Many people seem to believe that upon divorce the Courts automatically make decisions about issues such as with whom the children will live with. They do not. The vast majority of divorces do not result in any Court Order with regard the children.
What if you can’t agree?
If all attempts at agreement have failed, you may have to consider court action.
The courts base their decisions on the welfare of the child and will only make an order if it is in the best interests of the child.
The courts will consider:
- The child’s feelings and wishes, dependent upon their age and understanding;
- The physical, emotional and educational needs of the child;
- The likely effects of any changes in his circumstances;
- Any harm that the child may have suffered or any potential risk of harm;
- How capable each parent is of meeting the child’s needs
What kind of orders can the courts make?
There are different types of court orders, as follows:
- Child Arrangements Order
- ‘Prohibited steps orders’ prevent a child’s parents, or any other named person, from taking certain steps, such as taking a child abroad without first getting the court’s permission.
- ‘Specific issues orders’ set out precisely how a particular matter about the children should be handled such as their schooling.
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