How do we decide who gets the kids?

When a marriage breaks down there are lots of things for a couple to think about. One of the most important things is usually the ongoing arrangements for the children, including who they will live with and how often they will spend time with the other parent. Lots of factors could come into play when deciding on the arrangements, including (but not limited to):

• Where each parent is intending to live
• The work schedule of each parent
• Who was the main carer during the marriage
• Wishes and feelings of the children (depending on their age)

There's no set formula to work out the arrangements for children. It will all come down to the individual circumstances of each family. It's always in the best interests of the children if parents can work together to agree the arrangements between them, however, this is not always possible. In those circumstances, there are different options available to parents to try and resolve this issue.

What if we can't agree?

Attending Family Mediation is often the quickest and cheapest way of resolving the child arrangements. This allows both parents to put forward their proposals in an effort to reach a compromise. They can put a plan in place that not only works on a practical level for the family, but also considers what is best for the children.

If matters cannot be agreed and Mediation either does not work or is not an option, a parent can apply to the Court for a Child Arrangements Order. When the Court is asked to make a decision relating to a child, the child’s welfare is their paramount consideration. There are also a range of factors contained in Section 1 of the Children Act 1989 which the Court must take into account. These include:

• The ascertainable wishes and feelings of the child concerned (considered in light of their age and understanding)
• The child’s physical, emotional and educational needs
• The likely affect on the child of any change in their circumstances
• The child’s age, sex, background and any characteristics which the Court considers relevant
• Any harm which the child has suffered or is at risk of suffering
• How capable each parent is of meeting the child’s needs
• The range of powers available to the Court under the Act

Child Arrangements Order

There are two types of Child Arrangements Order. A “Live With Order” (formerly known as a “Residence Order”) will determine with which parent a child should live. There are cases where a child will be ordered to “live with” both parents, in circumstances where there is a shared care arrangement in place.

The other type of Child Arrangements Order is known as a “Spends Time With Order” (formerly known as a “Contact Order”). This will outline set days and times the child is to be with the parent they don't live with.

As well as the day to day child arrangements, it's also important for parents to consider any changes to those arrangements for special occasions and holidays.

It's always best for parents to work together when deciding on the arrangements for their children, but if you are not able to agree the arrangements, you should always seek legal advice as soon as possible.

Our Family Law Solicitors in Rochdale can offer expert advice on arrangements for your children. Give them a call on 01706 644187.