Children in Divorce and Separation

Going through a divorce or separation is always a difficult time, and will be made all the distressing if there are children involved. In such cases, it is essential that arrangements for their future care are settled as quickly and as painlessly as possible.

Parenting Agreements

If you are divorcing or separating, it is paramount to organise the future arrangements for the care of your child. Ideally, you and your ex-partner should try to reach a settlement amicably by discussing the issues together. Things that will need to be considered include:-

Living arrangements;
Contact with the non-resident parent (and other members of the family, such as grandparents);
Schooling;
How holidays and other special days (such as Christmas) will be spent;
Health of the child;
Maintenance payments.

In the event that you are going through divorce proceedings, the court will require evidence that the welfare of any children has been taken of. Details of residential contact will need to be set out in an affidavit (a signed written statement). Only when the court is satisfied that suitable arrangements have been made and the wellbeing of a child is assured will a decree of divorce be granted.

Court Orders

If parents cannot reach an agreement regarding the future care arrangements of their child, then one or other of them may apply to the court. Usually the first process will be to attend a Child Welfare Hearing, an informal meeting where parents are encouraged to reach a mutually agreeable settlement.

However, if this still proves unsuccessful it will be necessary to have a ‘proof’, which is a trial where each party must provide evidence and undergo a cross examination. The court will then reach a decision by considering what is best for the child before issuing an ‘Order’ which makes the decision legally binding. Any subsequent attempt to break this Order will be consider contempt of court – a serious offence.

Issues that the court may be asked to settle include:-

Residence Orders – where the child will live;
Contact Orders – who the child will have contact with, including how often;
Interdicts – which prevent one parent from doing something that the court does not think will be in the best interests of the child;
Specific Issues – a parent can also ask the court to consider specific issues that cannot be agreed upon, eg. religious education.

Family Lawyers in Edinburgh

If you need advice regarding the care arrangements of your children after a divorce or separation, contact the family law department at McKay Norwell. We have a team of expert lawyers ready to help you through this emotionally charged time. We understand that the welfare of your child is your main priority, and we will do everything in our power to ensure any decisions made put their best interests first.

Simply call us for a free assessment immediately on 0131 222 8000 or complete the enquiry form on the right of this page and we will be delighted to help you.