Your Child’s Best Interest

Your Child’s Best Interest

Below is a list of considerations that must be made when determining the best interests for your children. The Court will take these issues into consideration as will you solicitor in negotiations. As you go through the process of divorce and determining parental responsibilities and making agreements with your spouse, consider these questions:

• What has the child expressed? What do they want and how relevant are these expressed factors to their wellbeing?
• What will be the effects of a separation from one parent and subsequent friends and family of that parent?
• What is the individual relationship of each parent with each of the children?
• What is the capacity of each parent to provide for the child on all levels, including physically, financially, emotionally and intellectually? This includes protection for the child on a physical and psychological level.
• What are the associated expenses of contact with the other parent? Would the difficulty associated with contact with the other parent be detrimental to the child and their relationship with either parent?

The Court will also consider the following;

• family violence
• the age, and maturity of the child
• relevant background and social factors
• any other specific needs the court deems relevant

All considerations for the children’s welfare in a divorce will be considered as part of negotiations or Family Court proceedings. In cases where agreements can not be reached they will be referred to a Family Court proceeding. Please read our section Family Court Proceedings[ILW1] that outlines this process in more detail.

Please do not hesitate to "Call Us" for immediate professional advice 

 [ILW1] [ILW1]Suggest link to Family Court Proceedings. [ILW1]