EFFECT OF DIVORCE ON CHILDREN
As divorce lawyers, we understand that relationship breakdowns can cause emotional difficulties for the children concerned.
Where possible, we encourage the amicable negotiation of contact arrangements, leaving aside bad feeling that has arisen throughout the marriage or during the divorce process. In the event that arrangements are unable to be agreed following divorce or separation, or indeed there are issues regarding the safety of the children, as Family Law Solicitors, we are equipped to offer expert advice on such issues that may arise.
During the divorce process as life changes for all members of the family, it is normal for children to experience grief from the loss of the family life that they once knew. Divorce produces high levels of stress and during this time, it is important to place the needs of your children at the forefront of your decision making process. Life should be as predictable and consistent as possible and the Family Law organisation, Resolution, provides a helpful guide to separation and divorce, helping parents to help children. Children will react to divorce or separation in different ways at different ages and the guide provides tips for talking to children about divorce, managing your relationship with your ex spouse or ex partner, and an indication of what you, as a parent, should expect from the emotional aspect of separation and divorce for both yourself and your children.
In the event that divorce or separation is not amicable and arrangements for the children cannot be dealt with as you might have hoped, the Courts are available to assist. There are a raft of provisions that can be made in respect of the children, such as Residence Orders, Contact Orders, Prohibited and Specific Steps Orders. These can be applied for specifically under the Children Act 1989 outside of divorce proceedings or within. The Court will consider the “No order principle” in cases where it considers its intervention is not required.
If you are a married parent, or unmarried but named on the Birth Certificate, you will have automatic parental responsibility. As such, you will have a right to apply for a Residence or Contact Order. Before a Contact Order is made, in a case involving domestic violence, the violence will have to be addressed and in particular the effect of domestic violence on both the resident parent and the child. The procedure for obtaining a Residence or Contact Order requires an Application to be lodged at Court, with the possibility of a mediation appointment, a CAFCASS Report (Children and Family Court Advisory and Support Service) and witness statements being filed. The Court will then make a decision based on the information presented and the representations of your family lawyer. A Contact Order can be made under Section 8 of the Children Act 1989, with the Court making it clear who shall have contact with the child, how often this will be, and how long that contact will be for.
It is important to consider, and where appropriate attempt, family meditation or explore alternative methods of resolving contact disputes, prior to making applications to the Court. Issues relating to contact can be complex and the best advice can be obtained from a Family Lawyer.
We, as Family Law Solicitors, are aware that attending Court can be stressful and expensive for the parties, and should be a last resort. It is of course possible to make an Application in person, as a parent, but there are distinct advantages to being represented by a family lawyer who will know and understand the process and procedures and who can help you reach agreement. Court proceedings will take place in a Family Proceedings Court and in some cases; a child over the age of 9 may be expected to attend Court to speak to the CAFCASS Officer.
It should be borne in mind that contact is a child’s right not the parents and as such, contact is ordered for the child’s welfare, this being the Courts paramount consideration. Contact can take the form of visiting or staying, and interim contact can be provided until the Court has had the opportunity of working out properly the Order it wishes to make.
In some circumstances, supervised contact may be given, or indirect contact may be ordered allowing a parent to communicate with the child through other than physical contact. If a Contact Order is breached, the Court can attach a warning about the consequences of further breaches and impose a prison sentence, or transfer residence. Usually the Contact Order will last until your child reaches 16 unless your child’s needs and circumstances subsequently change, whereupon either party can apply back to the Court to vary the Contact Order.
It goes without saying that each child reacts to divorce or separation differently, but what you can be assured of is that with the correct approach and maintaining the interest of your children at the forefront of your decision making process, the children will come out feeling ready and able to move on with their lives, albeit in a different way.
