It is often thought that after parties separate the children will remain with their mother, with the father seeing them at regular intervals. This can often be on alternate weekends with time during the week. However, this is not always the case and sometimes it is in the best interests of the children to live with their father.
Courts consider that parents are best placed to make decisions in relation to their children. If parties cannot agree then the Court can assist. Solicitors can help parties negotiate arrangements and mediation can also be beneficial within these negotiations.
The Court can make an order confirming the arrangements for the children relating to with whom the children live and the time they spend with the other parent.
Depending on the age of the children, their wishes and feelings can be considered within any proceedings and these can make a difference to the outcome of a case. In some circumstances, the Court may require additional evidence to assist in making a decision and can appoint an organisation such as Cafcass to obtain this.
When deciding an application for a Child Arrangements Order the child’s welfare is the paramount concern. If it is considered to be in the best interest of the child to live with their father then a Court will order this. There is no preference given to mothers within such applications.
If you need any advice on Child Arrangements, whether that relates to where your child lives or how much you can see them, you can arrange an appointment to speak with any one of our experienced family lawyers for further advice.
