Why the Family Court System Is More Concerned with Child Welfare Than Warring Parents

Law Blog

If two parents go through a separation and unfortunate divorce, then they need to do whatever they can to protect the children from the trauma. While they may be laser-focused on going their own ways and splitting up their assets, a family court will be more concerned with the plight of the kids. What factors will a court take into consideration when it comes to ongoing care?

Focus on the Kids

The legal system is likely to become much more involved in a divorce proceeding, whenever children come into the picture. After all, a large part of the legislation covers the welfare of the kids, and the two adults will have to agree to a way forward, or the court will most certainly intervene.

Shared Responsibility

Ideally, the children will spend an equal amount of time with each parent, even though they will live with only one in their primary residence. It is generally not possible, therefore, for one parent to move far away and expect this type of system to work unless there are significant mitigating circumstances and all parties can agree.

Mitigating Circumstances

Sometimes, the court will take into account the wishes of the children, but they will look at their age and level of maturity. If they had become naturally estranged from one of the parents due to a prolonged period of trouble or separation, then the court may not insist on compulsory visitation.

If there is any evidence of domestic violence and risk that the children could be exposed, this may also determine the outcome of the case. The court will not insist that the children spend time with one of the adults if there is a propensity for violence.

Being Adult about It

In an ideal world, both parents should make logical and adult decisions so that the court does not become involved at all. If it is impossible to come to this type of understanding, however, they should certainly get some independent legal support to help them navigate the maze. Both parties will need separate counsel and will have to present a strong case if they want the court to meet their needs and wishes. In the absence of any clear direction or agreement, however, the court will certainly make sure that the needs of the children are paramount.

Getting Support

Don't make the situation more complicated than it needs to be. However, if you cannot see eye to eye and court involvement seems inevitable, get in touch with a family lawyer as soon as possible.

For more information, reach out to a family law solicitor near you. 


28 April 2020

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