If you can’t agree the arrangements for your children with your ex-partner – either between yourselves, through mediation or solicitors – then the court will need to decide for you.
The court’s main priority when deciding child arrangements is the wellbeing of your children. In most cases, they view children having regular contact with both parents as being best for their wellbeing. The court will also view contact with the child’s extended family (for instance grandparents) as important to their upbringing.
When deciding the details of a child arrangements order, the court must take into account all of the factors listed in the welfare checklist These include:
- The child’s wishes and feelings (these are not necessarily a deciding factor)
- The parent’s ability to meet the child’s needs
- Any harm or risk of harm to the child
- The child’s age, sex and background
- The likely effects of any change to the child’s care arrangements
- The child’s physical, emotional and educational needs