When a child is born, his or her mother automatically has “parental responsibility”. This means she can make important decisions in a child’s life. This can include making decisions on issues such as health, education and welfare. However, not all fathers have parental responsibility automatically. Whether they do will depend on them being listed on ...
The very first thing to do is to get legal advice from an expert family law solicitor. The law now presumes that each parent’s involvement in their child’s life will benefit them. However, the child’s best interests are always the priority of the courts, so the other parent may try to show that contact isn’t ...
Yes. This is known as “shared residence”. This can be arranged either by agreement between the parents or by a court order. It does not mean that the children have to spend exactly the same amount of time with each parent. Instead, the thinking behind it is that this reassures both parents that the law ...
No. The court will look carefully at which parent is best able to meet the child’s day to day physical and emotional needs, both now and in the future. The work commitments of one parent may make it more realistic and practical for the other parent to have primary care of the children. In the ...
It very much depends because each case and every family are different. In general terms, it is presumed that the parent that doesn’t live with the children should have involvement with and have regular contact with the children. However, there aren’t any set rules to determine the amount and frequency of contact. The test is ...
No. There is no standard or automatic frequency of contact. That said, the court in many cases orders child contact to take place on alternate weekends, to ensure that the children get to spend time with both parents. The pattern of contact will depend on what the best interests of your children are. The practicalities ...
It depends on your particular circumstances. Generally speaking, the court has to reach a fair financial settlement. Whether you can retain the home will usually depend on whether you have children living with you and also what other assets you have between you and your spouse. The welfare of the children means that they need ...
Not necessarily. Every case is different and it completely depends on your own circumstances, those of your family and also your financial position. The first thing to consider is what is likely to be in the interests of your children. For example, if you have a child going through their GCSEs, then their interests may ...
If the property is jointly owned then both parties are entitled to live there but in reality it can be extremely difficult to live under the same roof while you’re going through a divorce. Even if the house is owned in your sole name or your spouse’s sole name, both of you are still likely ...
Tempting as it may be to change the locks to prevent the other person gaining access to the home, you can’t change them if the property is jointly owned. Tensions can quickly escalate which is why negotiations should be progressed through a solicitor so that agreement can be reached rather than resorting to extreme measures.
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