Children in separation
When parents separate — regardless of the nature of their relationship — the question of how the child’s life will be organised immediately arises. Primary residence, time spent with each parent, schooling, holidays, and each parent’s financial contribution: these are all decisions that must be made in the child’s best interests, whilst taking the child’s views into account.
Questions clients often ask
Will my child be given a chance to be heard by the judge? How is the child’s residence determined? Is alternating residence automatic? How is child maintenance calculated? What should I do if the other parent does not pay? What should I do if they refuse to hand over the child? Can I object to the other parent moving house if it would take the child away from me? How can I have a decision amended if it no longer reflects the current situation?
What this area covers
The firm handles all matters relating to children in the context of a separation:
- exercise of parental responsibility: joint exercise, sole exercise, delegation, withdrawal;
- determining the child’s main or alternating residence and care arrangements;
- contribution towards the child’s maintenance and upbringing: setting, review, recovery, and covering exceptional expenses;
- hearing the child’s views;
- amending previous decisions in the event of a change in circumstances.
Of all family law decisions, those concerning children require the greatest discernment. The firm is committed to finding long-term solutions and to preserving, as far as possible, the quality of parental dialogue — even in the most conflict-ridden situations. The child’s best interests are at the heart of the firm’s considerations, with the child’s needs taking precedence over the parents’ needs or wishes.
Amicable procedures are proposed where the situation allows (in the absence of violence). Where litigation is unavoidable, the firm conducts the proceedings with the rigour that such cases demand.