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Frequently Asked Questions /legal-services/services-for-individuals/family-law/children-matters/frequently-asked-questions

Frequently Asked Questions

If my partner and I separate, does there need to be a formal agreement about our children?
No – the hope is that the two of you can agree arrangements for the children's care between you. There is no agreement for any agreement you reach to be formally documented.

What are the normal arrangements for 'contact'?
There are no 'normal' arrangements. You need to reach an agreement which works for you and, most importantly, your children. If children are to live mainly with one parent, ideally they should see and speak to their other parent regularly. It is common nowadays for children to spend at least some time with each of their parents each week so they have the benefit of both parents having regular involvement in their day to day lives.

Can I stop my ex's new partner seeing the children?
In the early days of relationship breakdown it may be sensible to wait before introducing children to a new partner. Children need to come to terms with the end of their parents' relationship and children can sometimes find it difficult when they meet a parent's new partner.

Both you and your partner must think about what is in your children's best interests and make a decision based on that. Whatever you may feel about the new relationship, you should try not to let this affect your decision about the children's best interests. In the longer term, children should meet their parents' partners and should feel that they other parent supports this.

I have concerns about my ex-partner caring for my children – what can I do?
Try to discuss your concerns with your ex-partner. If you are worried because the children have spent very little time away from you before, try and agree with your partner a gradual increase in the children's time away from you. If your concerns are more serious and you are worried that your children could come to some harm, you should consider taking legal advice.

I do not know my ex-partner's new address – can I stop the children staying with him?
You are entitled to know the address at which your children are staying. The same applies to holiday arrangements. Both parents should provide details of addresses and contact numbers so they know where their children are. You both need to apply some common sense. You don't need to tell your ex-partner your every move but do provide them with the information that you would expect to receive.

Does the court favour mothers in contact disputes?
No. It is becoming increasingly common for the court to favour shared residence and an approach which reflects the fact that both parents are equally important in their children's lives. If one parent has historically been a child's main carer, this is a factor to consider. It is a fact that in the majority of cases the main carer is still the mother which is why some people believe courts favour mothers. In cases involving babies and very young children, it may be more likely that in the short term at least they spend the majority of their time in their mother's care.

When should I talk to my ex-partner about the children?
Try not to have difficult conversations in front of the children as it can be very upsetting for them to see their parents disagreeing. Try and focus on what is best for your children rather than thinking about what your ex-partner wants or does not want. There are many resources available to you to help you resolve issues concerning your children and to help you support your children through the process.


 

Head Of Department

Stephen Williams

Department

Call us on 0800 587 0093

Lawyers and Solicitors in Norfolk, Suffolk and Cambridgeshire – Legal services for you, your family, your business

Commercial Legal Services include: Agricultural Services, Commercial Property, Corporate Legal Services, Commercial Debt Recovery, Dispute Resolution, Employment Business, Insolvency, Licensing and Professional Negligence.

Personal Legal Services include: Court of Protection, Dispute Resolution, Elderly Client Services, Employment Individual, Family Law, Powers of Attorney, Residential Property, Tax and Wills, Probate and Trusts

Injury Legal Services include: Personal Injury and Medical Injury

French Legal Services include: French Litigation Assistance, French Matrimonial Transfers, French Property Legal Advice, French Wills and Succession Issues and French Inheritance Tax.

 

Ashton KCJ Offices Bury St Edmunds Cambridge Felixstowe Ipswich Norwich Thetford

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