If there are children involved in your relationship, you cannot apply for a decree absolute unless the Court is satisfied that satisfactory child arrangements have been made for them. When the petition is filed, a statement is given to the Court setting out the arrangements which have been made for the children. If the Court is concerned that the arrangements may not be satisfactory, it can require the parties to attend a hearing at which the arrangements for the children will be considered.
Who is responsible for the welfare of the children when a marriage breaks up?
Where children are born during the course of the marriage, both parents have parental responsibility.
Parental responsibility is defined as:
“All the rights, duties, powers, responsibility and authority which by law a parent has in relation to a child and his property”.
The courts are often asked to decide disputes between divorcing parents relating to their children.
The guiding principle of family law is that the interests of the children are paramount.
Disputes concerning children are dealt with in accordance with the Children Law.
The underlying philosophy of this Act is that courts should not become involved unnecessarily with disputes between parties concerning their children. The courts take the view that litigation concerning children can be harmful to the children and should therefore be discouraged. The idea is that, wherever possible, parents should sort out their differences through negotiation.
The Court will take into account a number of factors when deciding on a dispute relating to child.
Orders which the Court can make include the following:
Either parent in a divorce may apply to the Court for any of the above orders. In this way disputes as to who the child should live with, who the child should see, where the child should go to school, whether or not the child should be allowed to be taken out of the country, etc, can be determined by the Royal Court.
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The breakdown of human relationships can cause great stress, anxiety and problems. The process of separation and divorce is rarely easy especially where involving children.
Our aim is always to attempt to deal with divorce as painlessly as we can. While this cannot always be achieved – much depends on an individual client’s own requirements and the way in which the other party to the case proceeds – we will always attempt to seek such a course for you. We will look to solutions to solve any problems between the parties and not to add to the antagonism.
Our divorce lawyers are focused on providing you with expert advice with a truly personal service.
We advise on all aspects of family law: whether it be advice on divorce, dissolution of a partnership or financial settlements we can assist.
Our clients are pleased with our service and fees; we are confident you will be too.