Residence of Children
When parties separate whether it is breakdown of a divorce or cohabitation one of the main issues that need to be resolved is with whom the children should live.
It is important to be aware that the Law does not make decisions as to the children’s future based only on the rights of the parents. The main point is that the Law centres on what is best for the children i.e what is in their best interests. To determine this careful consideration has to be taken of what both parents can offer the children.
First and foremost children require a loving and stable home life. The Law is anxious to minimise the conflict that the children will feel when their parents divorce or separate. To that end it is often seen as an advantage if the children can be kept in their familiar surroundings including their existing schools, hobbies or circle of friends.
Account is also taken of each parent’s employment status and how much time each respective parent will be able to spend with the children on a daily basis. What is the current situation? Is either of you in reality the primary carer? The children’s ages will also be taken into account. With older children it is often the case that they will “vote with their feet” and their views may dominate the issue.
In conclusion there are many factors that will decide with whom the children should live. What is vital is that contact with the non-resident parent is promoted at every opportunity so that the children continue to benefit from their relationships with both of parents. In order to discuss this matter in more detail we would recommend that you make an appointment with a Solicitor.
