There are a number of questions that can arise during the process of divorce, including uncertainty about care of any children. This article will discuss a number of frequently asked questions with regards to divorce, separation and children.Q: Do I have the right to see my child on special occasions such as birthdays and Christmas, even though they live with my former partner or spouse?
A: Generally, it is normal for spouses to agree that the non-resident parent (the parent who does not live with the child for the majority of the time) should have the right to see the child on special occasions. The other parent is usually expected to agree that he or she should be able to see the child for longer period during occasions, such as school holidays, over Christmas or the child’s birthday. These specific contact arrangements can be included in a Child Arrangements Order, along with the regular week-to-week contact.
Each parent may feel very strongly about wanting to spend a child’s birthday or Christmas with them, however, both parents should compromise wherever possible so that each parent can enjoy and spend time with their child. It is important to put yourself in your child's position and put their interests first: the Court will always consider the best interests of the child before the desires of the parents. As an example, Christmas Day could be split, or alternated.
Q: What can I do if my former partner or spouse will not let me see the children?
A: In this case, a referral to mediation should be made, and if that is not successful, an application for a Child Arrangements Order. However, if your former spouse/partner continues to refuse to let your child spend time with you despite having been granted a Court Order you can still go back to the Court and make an application for enforcement of the Order. To enable the Courts to decide whether the Order has not be complied with without good reason, it will be necessary to prove specific breaches of the Court Order and this can sometimes be difficult. Where a parent is able to prove the Order has been breached, the Court can then take such action against your former spouse as it thinks appropriate. This can include imposing a fine, a work placement order or imprisonment; all such actions are dependent upon the circumstances of the case. It must be noted that at times the court may be reluctant to impose such action if it is not in the best interests of the child. The Court will look into the full circumstances and there are likely to several hearings before the Court makes a decision. In some cases, repeated applications need to be made. It is important to keep evidence of how your former spouse is frustrating your attempts to have the agreed contact with your child.
It is important to take action if your former spouse refuses for you to see the child rather than let non-contact become the norm.
If you require legal advice and representation in your divorce process contact Family solicitors in Preston today.
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