Josiah Hincks Family Team have specialist Child Law and Children lawyers in each office. Often it is the issue of with whom the children of the relationship should live with, or how much time they should spend with the other parent, which is the parents’ main concern either upon separation or after separation has taken place.
The Court does not have an automatic view as to whether a child should live with their mother or their father as every case is different. If parents are unable to agree the arrangements between themselves then it may be necessary to apply to the Court for a Child Arrangements Order.
The Court is required to consider the Welfare Checklist, which is contained within the Children Act 1989, when making any Child Arrangement Order regarding a child. The Court will therefore need to consider-
- The ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
- His/her physical, emotional and educational needs;
- The likely effect on him/her of any change in the circumstances;
- His/her age, sex, background, and any characteristics of which the Court considers relevant;
- Any harm which he/she has suffered or is at risk of suffering;
- How capable each of his parents, and other person in relation to whom the Court considers the question to be relevant, is of meeting his/her needs;
- The range of powers available to the Court under this Act in the proceedings in question.