Child Residence & Contact

Resolving disputes concerning children can be emotional time for all parties involved. The legal system recognises this and in the majority of cases, when the dispute is between parents, every effort is made to encourage negotiation and resolution. You should always consider instructing a solicitor to represent you who is a member of the Solicitors Family Law Association (SFLA) or better still, one who is an accredited specialist of the SFLA. This means that they will follow a code of practice designed to encourage a negotiated resolution of your dispute, both before and during any court process. If an application is made to the court, it will be made under the Children Act 1989 and it covers both disputes involving private individuals and the authorities.

The court is no longer concerned with the 'custody' of children, but now determines, if requested, with whom a child should live ie. 'residence' and whom a child see ie. 'contact'. Parental responsibility is also considered under this Act. Unmarried fathers do not automatically obtain this upon a child's birth and they may also apply for parental responsibility of a child under this Act, if their partner or former partner refuses to grant this to them.

There are also a number of other applications that can be made under the above Act which govern the future of a child in most situations. As every case is different, you are advised to seek the advice of a solicitor before embarking on any particular course of action as not only will they advise you upon your application but also where to make that application which can sometimes be an important issue.

In all such cases the court will have consideration always to the best interests of the child and not to the parties to the application. This can be a difficult concept to grasp for those involved in a dispute concerning their children. There is however no doubt, that the resolution of issues concerning children are best resolved by those involved with their care. Those solicitors who specialise in this area of law will do their utmost to help you to achieve that outcome.