How are children dealt with in divorce?

by Tuesday, November 10, 2015

“Children are no longer dealt with in a divorce in England”, is the main advice we have to give to people wanting an uncontested divorce, but who may have issues regarding their arrangements for children.

We use the term custody as opposed to the correct term “residence” as the majority of people still use that term when inquiring about the arrangements for their children in a divorce. The fact is, the court in a divorce no longer even require a statement of arrangements for children to be filed.

So how are you supposed to sort out your child arrangements? Well the rationale is simple, adults ( that’s you and your ex) should try and sort out where the kids will live and when the other spouse sees them without having to get anyone else involved. Hence children are dealt with in divorce in a very simple way, they are excluded.

A laudable aim in an ideal world, but not always practical when human emotions are involved, families, new partners etc. If you have a dispute about your children, then you need to contact your local family court ( what used to be the magistrates) and file a request for a Child Arrangements order.

You will be expected to attend a mediation information session to see if mediation would be more suitable than court. If not then you will have to go to family court and follow the procedure for applying for a residence or contact order.

Rather than bore you to death with dry procedure, Lucy Reed a family barrister has produced some excellent guides to representing yourself in the family court family court without a lawyer In the meantime that leaves you free to file for the divorce without having to wait for children issues to be dealt with.

Of course you are always advised to see a solicitor and get some advice. Divorce-Online offer clean break divorce services from £299 incl vat. Please call 01793 384 029 for more information on how we can help.

Mark Keenan

About Mark Keenan

Editor of the Divorce Online blog

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