Contact with Children

During any relationship breakdown attention will quickly turn to arrangements for the children. You will need to consider the mechanics of the contact, for example, does the school day need to be catered for, or do each parent's working patterns have to be considered?

Ideally you would hope to agree arrangements with your former partner or spouse but sometimes that is impractical. You both want what is best for your children but that does not necessarily mean that you will agree what that is.

Mediation can help with the process of trying to agree the way forward and since April 2011 couples who are divorcing are expected to consider mediation. But what if mediation breaks down or one of you decides that mediation is not the way forward for you? What if you cannot agree how much you should see your children?

An application can be made to the Family Court for a residence or a contact order. Your child's welfare is the court's paramount consideration when considering what orders it should make.

Contact is the right of the child not the parent, so how much your children see or stay with you will depend upon what is in their interests. Each situation is different and the court can make a variety of different contact orders either in the interim or as a final order.

It is unwise to compare your circumstances against anyone else's. The best thing you can do is take proper advice from an experienced family lawyer who can advise you fully as to the various options and the agreement or order that best suits you and your children.

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For further advice on family and matrimonial issues, please contact a member of our family team.

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Published:

27 October 2011