With the breakdown of a relationship, issues concerning children often become difficult and stressful. However, the risk of disturbance, distress and long-term harm to children is greatly reduced if the parents can reach an amicable agreement over residence and contact.

This is where our professional family lawyers can help smooth over difficulties and reduce tensions. We have extensive experience of the possible disputes that arise when parents separate or divorce and we will be on hand to guide you sensitively through these issues to ensure an amicable resolution. Sometimes we achieve this with the help of mediation or collaborative law techniques.

If we are unable to resolve your issues amicably, we will turn to the Courts for help.

What Orders can a Court make?

There are four basic types of order a Court can make regarding children:

• Residence Order: this is an Order saying where the child should live.
• Contact Order: this says who a child should see and when and how. This is the modern-day equivalent of access.
• Prohibited Steps Order: this acts like an injunction and can stop anyone from repeatedly violating Contact Orders, or, for example, removing a child from the country.
• Specific Issue Order: this is where the Court rules on a specific dispute in relation to the child, for example, the change of a child's surname, changing school or emigrating.

How the Court decides

As a fundamental principal, the Court will take the child's welfare as its paramount consideration. There are a number of factors that the Court will also take into account:

• The wishes and feelings of the child concerned, in view of their age and understanding of the situation.
• The child's physical, emotional and educational needs.
• The likely effect of any change in circumstances on the child.
• The child's age, sex, background and any other characteristic that the Court considers relevant.
• Any harm which the child has suffered or is at risk of suffering.
• The child's parents ability -- and any other relevant person (according to the Court) to meet the child's needs.

The range of powers available to the Court

The Court will take seriously the fact that any delay in resolving an issue concerning a child is likely to be harmful to the child.

The most important factor for the Court is the welfare of the child or children and orders will only be made if in the child's best interests.