Divorce or separation presents a traumatic, emotional and challenging time for families, particularly when young children are involved. Unfortunately when parents separate, this is when disagreements generally occur over the on-going care and welfare of their children and sadly, failure to reach amicable agreements can result in cases being settled by a High Court Judge.
Separated Parents
When separated parents fail to reach an agreement with each other about future arrangements for their children, there are a number of services which can be helpful for opening up communication channels and resolving issues without the need to take the case to court. Each family case is different and the progress and overall outcome very much depends on unique circumstances.
As an experienced family law firm, we advise parents going through a family breakdown to attend family meditation and therapy services to try to resolve paternal responsibility in the best interest of the child, as an alternative to going to court. As a family law firm, we can assist you with this process as we attempt to resolve issues constructively in the best interest of the children without going through the court procedure, thereby attempting to limit the trauma associated with the family separation.
There are a number of agencies in Northern Ireland that can assist with the amicable resolution of disputes between parents. Not all cases go to court and this is where a solicitor can assist you in the application of orders such as contact orders, parental responsibility orders and residence orders.
What happens when a case is referred to court?
When parents cannot reach a voluntary agreement on the future care of their child and all associated matters, the court will make arrangements for the child. These arrangements will include deciding where the child will live, when they will see the parent they do not live with and how long this visit will last as well as other matters relating to the care of a child. Although the child will not attend the court, the judge often requests the opinion of professionals concerning what is in the best interest of the child. Practical arrangements will also be considered such as location of both parents, travel arrangements and working hours etc.
Cases regarding access to children are argued on what the best interests of the child are rather than what the parents consider to be right. In Northern Ireland, child arrangement cases are heard at three courts with most cases commencing at the Family Proceedings Court:
- Family Proceedings Court
This is where all child access cases begin and are heard by a District Judge at a Magistrates’ Courts.
- County Court
Complex child access cases are transferred to the County Court or Family Care Centre where cases are heard by a County Court Judge.
- High Court Family Division
The most complex of child access cases are transferred to the High Court where cases are heard by a High Court Judge.
Contact Bernadette Mulholland Solicitors
At Bernadette Mulholland Solicitors, we understand that this is a highly sensitive time as you deal with many difficult issues. We are here to help you deal with disputes involving your children and ensure you get the right outcome for you and your children. We are experienced at dealing with complex and challenging cases and we are available to speak to you in confidence. Please contact us on 028 7963 2030 or email info@bernadettemulholland.com.