Separation can be hard for the parties involved, but this can be accentuated with the added complexity of children being involved. It is ultimately for the parents to decide with whom the children should live and how much time they spend with the other parent. However, there may be times where an agreement cannot be reached and the parties may need to go to Court for a resolution.
There is a misconception that the legal system and the Courts favour the mother in disputes regarding children and that the fathers will be ‘left behind’. However, this is not the case! When it comes to contested child proceedings, the Court has a number of principles they will be guided by when deciding what orders to make.
One of the core principles is that unless the contrary is shown, the involvement of both parents in the life of the child will further that child’s welfare. In other words – the Court are very keen to ensure that children spend good quality time with both parents if it is in the child’s interests to do so.
Ultimately, the welfare of the children will always be the Court’s paramount consideration and they will act in accordance with their best interests.
If you wish to speak to one of our family specialists contact one of the team here.