There are many different legal issues affecting children, and for many the focus of any separation or divorce is the crucial aspects of securing and retaining access and financial provision when the relationship comes to an end. It becomes the top priority for everyone involved.
Mediation and or the drafting of a written agreement can avoid complex and protracted court proceedings. Unfortunately the longer and more bitter the proceedings get the tougher it can be on children. A child should never be used as a pawn and this will help to protect them from any further upset. Mediation will assist you in the agreement process, with the aim of avoiding complications or lengthy court battles. Our panel family lawyers have the expertise and objective neutrality to navigate the legal process.
Additionally, the breakdown of a relationship sometimes leads to one parent wishing to relocate with the children either within the UK or abroad. This can add to the already complex and emotional situation.
Hopefully parents are able to agree arrangements and our panel family lawyers can help keep the process as stress free as possible. If things have escalated we can help by pointing you to one of our expert family lawyers to take a more firm stance to protect the children.
What are the children's rights if a couple splits up? The rights of children need to be protected and upheld in just the same way as their parents. In Scotland the overarching principle is that decisions are taken for the benefit of the children not the parents. This rule governs the decisions of any legal outcome and as such it's best to take this into account when negotiating. Family Lawyers will make sure that children get a fair deal in a divorce or other difficult family situation. Likewise when steps are taken to safeguard a child from harm, the courts are often involved. This is why family lawyers are needed, to help protect the child’s rights and the child's interests. Parents are always advised to navigate any separation involving children towards a positive outcome.
As a parent of a child you have legal rights, duties but you also have responsibilities. This also includes any assets or property the child owns. If you want to have a say in the important decisions in your child’s life you must be involved and have a positive influence. From where they go to school and where they live, you will need to establish parental responsibility if not already established. Birth mothers have automatic parental responsibility, while the situation can vary when it comes to fathers. Establishing parental responsibility, paternity is an area our family lawyers are fully detailed in. All further arrangements involving custody (child arrangements), child maintenance and other matters following a separation will flow from your legally accepted parental responsibility, so it’s important to get it right.
Arranging child custody arrangements is usually one of the biggest issues in any separation. Where the children will live, who will look after the children, who makes the day to day decisions and for that matter what are the joint decisions. How child arrangements will be split or shared are all matters that need to be decided for the good of the children. This can add to the already complex and emotional situation and can be very difficult for a couple to reach an agreement, without emotion over spilling and being harmful to the children. Our family lawyers can help work with you towards reaching an agreement that is fair to you, your partner and crucially – your children.
If you feel your rights as a parent are being ignored or that an arrangement agreement is unfair or ignored, it’s important to seek legal advice as soon as possible. Try to avoid conflict by speaking with your lawyer.