Tips

Whatever the circumstances, the court has to apply the same tests when considering children.  For most children the court will do everything it can to ensure that the child has contact with both parents wherever the child lives, carefully considering the arrangements proposed by anyone to ensure a stable home and education.  The co-operation between parents in putting their children's interests first is something the court will always take into account.

Whatever happens your children will be affected by the breakdown in your relationship.  Children have a tendency to say what they think you want to hear and will not want to hurt your feelings.  They may not be telling their other parent the same as they are telling you.

When considering children the courts have to conduct a balancing exercise.  The law states that the court must consider:

1. The ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding);

2. Their physical, emotional and educational needs;

3. The likely effect on them of any change in their circumstances;

4. Their age, sex, background and any characteristics of theirs which the court considers relevant;

5. Any harm which they have suffered or are at risk of suffering;

6. How capable each of the parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs.

The courts approach is not to make any order unless strictly necessary.  They are there to support the parties and resolve disputes in the event that these cannot be settled between the parties.  The sole function of the court is to do what is best for the child and they will expect that to be the primary consideration of the parents.