Child Custody

The Courts have taken the view that children are entitled to a meaningful relationship with each parent however, this will be different in every situation. 

After separation from your spouse, you will need to decide what arrangements will be in the best interests of the children involved. You will need to decide if you will share parental responsibility with your spouse or if you will seek sole parental responsibility.

 

Sole parental responsibility does not mean no contact with the other parent. If you are requiring a no contact order, this will need to be based on exceptional circumstances, such as a history of child abuse or similar. 

 

Parenting arrangements are best formalised by way of a Parenting Plan or Consent Orders.
 

Parenting plans are a written, signed and dated, but not legally enforceable, agreement as to who the children live and spend time with as opposed to orders, which contain the same parenting arrangements in a parenting plan but are made by consent in the court.
 

Parenting plans may be useful where orders may not be necessary but have regard to parties wanting to document their agreement. This is especially so for very young children, where the development of the children means the time arrangement may be subject to regular changes, for example, annually or six-monthly.

Consent orders are final orders and can only be varied by way of further court consent. This can be useful where parties do not wish to revisit arrangements made and want finality of an agreement for everyone involved.


CG Legal Group can assist you in deciding what is best for your situation and prepare your documents accordingly.

Child Custody