A relationship breakdown often means a dramatic change in life for all parties and when parents live apart, arrangements need to be agreed on about how and when children will see each of their parents

It’s more beneficial if parents can decide on arrangements between themselves, since a mutual agreement has a more positive impact on any child’s well-being. This can be formalised by a solicitor to prevent disagreements in the future, but not all relationships are amicable.

If one parent is being prevented from spending time with their child, they might need to apply for a Child Arrangements Order to assist with this.

Where there is a dispute between parents over the time their children should spend with them, it can be helpful to understand at an early stage how the court will consider the child’s welfare” says Jill Wiggins a Partner in the family team at Cunningtons in Braintree. “If each parent can set out their expectations and be realistic about the compromises which can be made, it’s more likely to lead to a positive outcome for the children.Jill Wiggins, Family Law Partner

Your welfare checklist

The Children Act 1989 states that the welfare of the child must be the paramount consideration.

When it comes to welfare, the Act stipulates a number of issues that should be taken into account. It’s helpful to have these in mind, though some will undoubtedly have more prominence in your own family circumstances than others.

The checklist stipulates the following:

Once you’ve considered these welfare factors, you then need to look practically at how suitable arrangements can be achieved.

This will usually mean trying to agree with your former partner how - and with whom - your child/children should live, and what time they should spend with the other parent.

Talk to us for advice

The family law teams at Cunningtons Solicitors are highly experienced in guiding divorcing parents through to successful childcare arrangements without acrimony.

Contact our teams at Braintree, Chelmsford or Wickford for help finding a way of moving on.

We also offer other matrimonial services, check out our Family Law pages to find out more.

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