children and divorce and separationSeparation and divorce is, inevetably most difficult when there are children, especially young children, involved. It is essential, in all cases to make every effort to avoid knock-on emotional harm to the children.

At Judkins Solicitors we aim to make sure that all cases are handled with the utmost sensitivity and discretion ensuring that emotions are considered at all times in these circumstances.

Parents are encouraged to agree arrangements for their children post separation so that the child(ren) spend quality time with both parents. Sometimes this is not possible due to differences of opinion in terms of how the child(ren)’s time should be divided between the two households.

In some cases difficult issues arise where court intervention is required in the best interests of the child.

There may also be issues surrounding parenting decisions ie. education, medical treatment, religious persuasion, relocation, travel abroad etc.

Should such issues arise either parent may apply to the court for an order to determine what is in the child(ren)’s best interest.

Financial support for children is usually dealt with through the Child Maintenance Service (CMS) which replaces the Chid Support Agency(CSA).

The court does not have jurisdiction to make a child maintenance order ( other than an agreed order) save in some special circumstances ie disability, education, high income.

Should special circumstances apply, the court can make orders under the Matrimonial Causes Act in divorce or under Schedule 1 of the Children Act.

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