In our weekly legal column, the Leader, with the expert advice of the team at GHP Legal, sets out to answer some of your problems. Today's question is answered by solicitor Mari Sherrington...
Is the decision about Child Arrangements determined by the divorce court?
Q: Sadly, my husband and I are separating. Even more sadly we have three children who are completely torn between their loyalty towards each of us. One day they want to live with me, the next day they want to live with their dad. We have even talked about them spending equal time with both of us and living between two homes. But can we even make that decision, or will the divorce court make the decision on our behalf about where the children live and how much time they spend with each of us?
A: Divorce courts only deal with ending a marriage. Making child arrangements and financial arrangements are dealt with separately. In cases where the parents of children are in agreement about the care of their children, they can make their own arrangements between themselves. Such arrangements include where the children live, holiday arrangements, how much time they will spend with each parent and where, how handovers will take place, and how they plan to communicate regarding the children.
Where parents are unable to reach an agreement, mediation is an option. This can assist in the making of practical arrangements and reduce the chance of conflict that in turn could affect the children. In some instances, unless an exemption applies, the family court may request that a Mediation Information and Assessment Meeting take place prior to a court application being made.
If an agreement still cannot be reached between the parents, the court can make a Child Arrangements Order. However, the court's primary consideration when making an order will always be the welfare of the child. The court will look at the needs, wishes and feelings of the child, as well as considering how any changes are likely to affect them, and they will consider whether the child is at any risk of harm in any way. Seeking early legal advice can help you understand your options and constructively approach discussions.
• This question has been answered by Mari Sherrington, a solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.
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