Children issues

Acting "in the best interests of the children" is not always easily done during the divorce or separation process.

Nevertheless, there is a raft of orders that one may obtain in relation to the arrangements for the children of the marriage or relationship. 

Residence:  In recent years, the Court has granted a number of shared residence orders which provides for the children to live with each parent for a specified period.  The benefit of such an order is to give certainty to the children that they have a home with either parent.  This must not be confused with a joint residence order which is usually granted to a step parent or a civil partner who is not the biological parent which then gives that step-parent or civil partner parental responsibility for the child of the marriage. However, since 1 April 2010, civil partners may now both sign the Birth Certificate of a child born to one of the civil partners thus giving both parents equal rights, duties and obligations as married parents.

In some cases, parental responsibility (see below) may be delegated by agreement.  This is particularly helpful to Armed Forces personnel in Her Majesty's Armed Forces when deployed abroad or where parents of children at boarding school live with grandparents while the parents live abroad.  If you feel this might be of benefit to you, then contact Patricia Young to discuss your needs in more detail. This website supports Her Magesty's Armed Forces by providing free consultation and discounted legal service, subject to proof of identification, to Armed Forces personnel at home or abroad.

Contact: Sometimes referred to as "access" or "visitation rights".  Contact is the legal term used when the children visit and stay with the absent parent.  Contact may be by agreement or Court Order.

Parental Responsibility is automatically acquired by married fathers on the birth of their children which allows them to be fully involved in their upbringing but this is not true of all fathers as some unmarried or step-parents do not automatically acquire parental responsibility. To know more on any of the above speak to Patricia Young for advice and help on all your children issues by telephone or by clicking on the box in the left hand menu.

Tracing a child:  If you do not know the whereabouts of your child and you wish to see him/her, then we can advise you on to find your child and what to do next.

Grandparents:  Frequently left out of the equation when couples separate or divorce.  You go from seeing and having the grandchildren on a regular basis, babysitting in emergencies or when the parents are at work, to having lost all contact with them.  This is not only painful but deprives you of the pleasure of being a grandparent.  If you wish to know more about your rights as a grandparent, then contact Patricia Young by using the box provided in the left hand menu or tepehone her to discuss your difficulty.