Tuesday, 19 July 2016

I don't want my partner to see our children as we have just split up

Should both parents have contact with the children upon the breakdown of a relationship?

It is a growing principle in family law that contact should not be refused between parent and child unless absolutely necessary in the child’s interests.  It is important that children have a meaningful relationship with both of their parents unless it is not safe or would be against their welfare.  This is a principle that is upheld by the Courts.

If an agreement is unable to be reached between the parents directly then legal advice can be sought.

A family solicitor would attempt to agree acceptable arrangements so that both parents would spend time with the children.  A family solicitor may also recommend alternative methods to resolve the matter such as Mediation or Parenting After Parting.

Mediators are trained to help resolve disputes between separating couples and assist the parties in reaching an agreement. The aim of mediation is to resolve family disputes without going to court.
Parenting After Parting is a service which can provide advice on contact matters and aid separating couples in coming to an agreement. This course can be attended separately.

Finally, if none of the above methods are successful then an application could be made to Court for a Child Arrangement Order, which will set out the arrangements for the children including who they will live with and who they shall spend time with. 

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