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Any family law lawyer will advise that in the case of a relationship breakdown it is usual to try and keep the children settled in the family home wherever possible to minimise the disruption to their daily lives. Account does need to be taken of the accommodation of both parents though to ensure the children are in safe, secure and suitable surroundings when they are with the absent parent.
If children do remain in the family home as their main residence with one parent, that parent may also have to prove they can cover the costs of living there.
A good first step is to find out about Child Support and other available benefits, like Family Tax Credit. This varies depending on the needs of the children and the family’s financial situation.
When a divorce petition is filed at court, there must be a statement filed at the same time setting out what has been agreed about where the children will live, contact with the absent parent, who will be looking after them during school holidays, educational arrangements, and detail any special health needs. Provided both parents agree, the courts will not normally interfere. More details are given in How to get a UK divorce.
Ideally, a couple should put the needs of the children foremost and be able to put their own differences aside to agree where they should live, etc.
At this early stage, a dedicated family lawyer or one specialising in the Children Act should be consulted. They will be able to help you come to an agreement if there are disagreements, and give detailed information on the rights of both parents.
The old ideas of custody and access no longer exist in law. Instead they have been replaced by a number of orders:
- A Residence Order says where a child should live. The court can, in rare circumstances, make such an order in favour of more than one person, stipulating how long the child should spend with each.
- A Contact Order regulates telephone calls, visits, night stop-overs, weekends or holidays with the absent parent.
- A Prohibited Steps Order is called into play when one parent objects to something that the other parent is doing concerning their child. That parent can apply to the court for the other person to stop doing it.
- The court can consider a specific issue order if parents are unable to agree on a specific aspect of their child’s upbringing.
In all of the above cases, an order must be applied for and granted by the court. A lawyer will need to be instructed to act on your behalf and enter the relevant documentation. You can select a lawyer to act on your behalf on our Find a Lawyer page or book an initial free telephone appointment here.
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