The Law relating to Children – Family  Law Solicitors Leicester, Leicestershire

For children, a marriage breakdown can be particularly difficult.  In an ideal world, the courts prefer that any disputes over children are resolved amicably.

The breakdown of a marriage/relationship can be particularly difficult for any children of the family and they should not be overlooked.  However, the courts will become involved if a dispute over children cannot be resolved through, direct discussion between the parents, mediation or through correspondence via solicitors. The court will always act in the child’s best interest.  A Judge is only likely to make an order concerning a child if they consider it necessary in the interest of any children involved in the family break up.

The Court must consider the following factors when making any decision in repsect of a child (Children Act 1989 S 1(3):

• If the child has suffered any harm or is there any further risk to them
• The child’s age, sex, background so far as this is relevant
• How capable each of the parents is of meeting the child’s needs
• Any characteristics about the child or its situation that the Court considers relevant
• The child’s wishes and feelings
• The impact of any change of circumstances
• Whether any order is in fact necessary.
• The impact of delay in proceedings and the need to conclude matters swiftly.

Any parent should consider very carefully before issuing court proceedings to resolve disputes in relation to children and this should only be a step of last resort if all other attempts at resolving the situation have failed. Proceedings are stressful, often protracted  and the parents are surrendering decisions about their child(ten) to a court which knows them least. Cost is also a significant issue.

For advice and guidance from Family Law Solicitors Leicester, Leicestershire call us on 0116 2395544 or use our contact form to email us