Children Act Proceedings
The wellbeing of children in any dispute is of prime importance, and we work to ensure that their rights are protected.
Article 8 of the Human Rights Act entitles every person to the right of respect of their private family life, however on breakdown of a relationship "family life" often feels unachievable. There may be disagreement on where children should live, whether or when they should see one of the parents or specific issues such as which school they should attend or religion they should practice.
Sometimes separation doesn't only affect parents, other members of the family, such as grandparents, may too have issue over contact with children.
We have extensive expertise of dealing with issues such as parental responsibility, residence, contact, abduction, and all related matters within the team.
When the court considers any question in relation to the upbringing of children it's paramount consideration is the child's welfare. When considering children applications the court has to consider the following factors;
- The wishes and feelings of the child (in light of age and understanding),
- The child's physical, emotional and educational needs,
- The likely effect on the child of any change in circumstances,
- The child's age, sex and background,
- Harm the child has suffered (or is at risk of suffering),
- Capabilities of parents,
- The range of powers available to the Court; and
- Whether making no order would be better for the child than making one.
Printer friendly