Divorce alone is a difficult and emotional process that many experience. There can be added pressure when children are involved and it can become particularly challenging especially when you need to consider child arrangements with your former spouse.
It is important to be aware of some of the options available in the event you decide to divorce and arranging what will happen with the children.
Below our family lawyers will discuss what happens when you divorce with children, types of arrangements and options to consider if you and your partner cannot agree arrangements for the children.
What happens to the children when you divorce?
When you are getting divorced, the first priority is the children’s needs and you will need to decide with your former spouse where the children will live. As no two families are the same, agreeing how you and your former spouse will care for the children upon divorce can be dealt with by either one of the following arrangements:-
Shared care is an arrangement whereby the children spend time living with both parents. For example, it may consist of the children living with each parent equally or living with one parent throughout the week (which may be in closer proximity to their school) and weekends with the other. There are many ways in which a shared care arrangement can be achieved and there is no correct way of a shared care arrangement provided it is in the children’s best interests.
Spend time with the other parent. This is where the children live with one parent full-time, then spend time with the other parent at set agreed times.
Sole care. If there are any safeguarding concerns and it is considered the other parent poses as a risk to the children then it may be that the children live with one parent full time and have no contact with the other parent.
What is the best arrangement for children in a divorce?
Child arrangements will vary and will be planned accordingly from family to family. Despite this, the first and most important consideration is that the arrangements must be in the best interests of the children and not necessarily in the best interests of the parent.
Some parents, for many different reasons, are left with no option but to seek the Court’s intervention for child arrangements. Below are some of the factors that the Court will consider when deliberating such applications.
- the children’s wishes and feelings (which are considered in light of the children’s age)
- how capable each parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the children’s needs
- if the children have suffered or are at risk of harm
- how a change in circumstances would affect the children
- the parents’ capacity to provide for the children and meet their needs.
How to decide child arrangements following divorce?
Parents should make decisions and focus entirely on what is in their children’s best interests which will undoubtedly involve negotiation and compromise. If parents are able to agree arrangements for the children, they may want to consider making a parenting plan to set out the terms of the agreement.
Parenting plans are an effective tool used by divorced or separated parents which outline arrangements concerning children and can be as basic or as concise as desired.
We understand that for many reasons reaching an agreement may not be possible, and it may be necessary to apply to the Court in respect of child arrangements and to seek an Order which specifies where your children will live and the time each parent shall spend with the children, if mediation or other forms of dispute resolution have been unsuccessful or inappropriate.
Contact us
If you require further advice then please do not hesitate to get in touch here and book in your free 30-minute initial consultation with a family lawyer.