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In the event of divorce or separation, arrangements must be made for the children. In making these arrangements, it is always better for all concerned to be prepared to compromise and negotiate an agreement rather than carry out a protracted dispute.
Glanvilles Damant family lawyers will always seek to achieve the right outcome for their clients – one that includes the child or children.
Informal agreements work
Where the child lives and when and how often the child will see the other parent is usually uppermost in both parties’ minds.
If a mutual agreement can be reached without the Court being involved this is far more likely to work than if one or the other parent is unhappy.
Such an agreement is usually quite informal. Glanvilles Damant can put such an agreement in writing if requested but it is not legally binding.
Involving the Court
If both parties cannot reach an agreement, speaking to a solicitor is the next step. Glanvilles Damant family lawyers will make some alternative suggestions for you.
This may involve contacting the other side’s solicitor in the hope of reaching an agreement without going to Court. Mediation or collaborative law are other ways of reaching an agreement with your ex-partner.
However, if all this fails the Court is the likely next step. Either party can make an application to the Court. For a decision to be reached, various details need to be given. These will include your children’s ages, their own opinions and wishes and how well each parent can meet their needs.
A Welfare Report may also be required, which will give these details in depth and is compiled by a child expert such as a Cafcass Officer. A Welfare Report can take up to 16 weeks to complete
Putting children first
When the Court has all the evidence it requires, a decision will be made on where the children live and when and where the other parent can have contact. The Court will also decide whether it is necessary to make any additional order regarding the children. Whatever the Court does decide, the children are given absolute priority in all of its decisions.
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