CHILDREN AND MARRIAGE BREAKDOWN

There can be few events more traumatic in the life of a child than the breakdown of their parents’ marriage. At these times parents often focus on their own issues and children can become marginalised. Worse still, they become pawns in their parents’ battles.

Divorce law recognises this by including an obligation on parties to a divorce to consider the arrangements for any children of the family. A detailed form must be completed setting out the domestic and contact arrangements for each child. Only when this is completed can a divorce petition be issued. A Judge considering the divorce petition will have to satisfy himself that there are appropriate arrangements in place for the care of the children, and for contact with any absent parent. If the Judge is not satisfied with the arrangements the divorce itself can be delayed.

Proceedings under the Children Act 1989 following the breakdown of a relationship are frequently difficult for all concerned, and often unsatisfactory. Where appropriate, parties to a failed marriage should be encouraged to resolve their differences by communication. Mediation is one way of improving lines of communication in a neutral environment. Recourse to the Courts should always be considered a last resort; a decision reached by agreement between parties is always better than one imposed by a Judge.

Nevertheless, there are occasions when court proceedings are unavoidable. Where those proceedings involve children the law imposes strict rules as to how decisions are reached. The Court must always focus on the interests of the child, indeed statute gives those interests "paramount" importance. With that overriding principle in mind a Court determining a disputed issue will consider a non-exhaustive "welfare checklist" of factors. It is significant to note that a parent’s wishes and feelings do not feature in that list.

Relationship breakdown almost always brings with it some form of reduced financial circumstance for one or both parties. Public funding (or Legal Aid) can be available for divorce and the financial aspects of marital breakdown. It can also be available for Children Act proceedings. Where the proceedings are between parents the public funding is means tested. In certain cases involving matrimonial finances it can be repayable.

Sandersons Solicitors have the expertise to provide the full range of legal services at these difficult and stressful times. We continue to meet the quality standards set by the Legal Services Commission in order to offer a publicly funded service. If you require advice or assistance, contact:

 James Ashton (Hull) or Sally-Anne Neal (Beverley)

Sandersons Solicitors

Tel:  01482 324662

e-mail enquiries@sandersonssolicitors.co.uk 

 Source: Yorkshire Today, November 2006