JARVIS Family Law
Children - Contact & Residence
Here at Jarvis Family Law we are specialists in dealing with matters relating to Children following a divorce or separation. Contact us to discuss anything related to child contact (sometimes called child custody), child residence or financial maintenance.
Can we agree matters relating to the Children between ourselves?
When separating, it is important to prioritise the needs of any children.
In divorce proceedings, the court will want to ensure that necessary arrangements have been made for the children such as where and with whom they are going to live, whether they will remain at the same school, how often they will see each parent. It is important to ensure that these arrangements can be agreed between the parents where possible.
What if we cannot agree?
Sometimes, there may be a dispute between the parents as to the arrangements for the children. Both parents will be encouraged to try and reach a compromise on the issues in dispute and it is often possible to seek the assistance of a trained Family Mediator, who can help the parties to discuss their views openly and try and reach agreement between themselves. Jarvis Family Law will advise you as to whether Family Mediation is a suitable option for you and we can help arrange Mediation for you where required.
Do we have to go to court?
If mediation is not successful, then it is also possible to issue an application to the court to seek the assistance of a specialist family judge. In most cases, the parties will 
reach an agreement during the proceedings without a Judge having to make a final decision.
What types of Orders can I apply for?
There are different types of orders that can be made, and sometimes, more than one order will be applied for within an application:-
- Residence Orders – these will determine who the child or children will live with once the separation is made permanent. It is possible to have a shared Residence Order and the order will specify the periods that the children will spend with each parent.
- Contact Orders – this is an order which specifies how often the non-resident parent i.e. the parent who does not have a Residence Order in their favour, will see the children. It is the duty of the Resident parent to promote contact and encourage the children to attend. Any concerns that the Resident parent may have about contact can be brought to the attention of the Judge.
- Parental Responsibility Orders – Parental Responsibility is a formal recognition that you have a right to be involved in the key decision making process in your children’s lives. A court will generally grant a Parental Responsibility Order to a parent unless there is sufficient reason not to.
- Specific Issue Orders – it is possible to apply to the court
for a Specific Issue Order where you require the court’s assistance in making a key decision about your child’s life. This can include things such as which school your children will attend, what religion they will be brought up or which surname they will be known by.
- Prohibited Steps Order – this order if granted can prevent a parent from taking a particular step in relation to the children for example from taking the children out of the country without the consent of the other parent or the court.
