Disputes involving children can be very difficult for everyone involved, not least of all the children themselves. Sometimes there is a disagreement about how much time a child should spend with each parent, sometimes there is a specific dispute connected to an issue over a child’s welfare or connected to their upbringing about which the parents cannot agree. Whatever the issue may be, we have a great deal of experience in assisting parents to try and reach a solution, ideally without the need to issue a court application.
The “Welfare Check List” which is set out in the Children Act 1989 is the starting point in any dispute. It tells us how the courts would treat any dispute connected to a child. There are a number of actors to be borne in mind and these are:
- The wishes and feelings of the child in so far as these can be ascertained in light of the child’s age and understanding
- Their physical, emotional and educational needs
- The likely effect on them in any change of circumstance
- Their age, sex, background and any characteristics which the court considers relevant
- Any harm which they have suffered or are at risk of suffering
- How capable are each of the parents, or any other person whom the court considers the question to be relevant, of meeting the child’s needs.
How we can help
If you are concerned upon relationship breakdown over any issue connected to a child of the family then we would be happy to talk this through with you and advise you as appropriate on what next steps, if any, you may need to take.
Please contact us if you would like more information.