Children question:

We are splitting up after seven years of marriage. I left my wife a few weeks ago but I’m worried that because I left I won’t be able to see my children. Please give me some advice.

posted in Children | 1 response

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Good Lawyer Guide's response

It is advisable that you sit down with your wife and try to agree when you can see the children and for how long. This includes holiday arrangements, school holidays, Christmas and so on. It is always in the children’s best interests to agree these things but if you can’t, the court will decide for you. The starting point for the court is that contact with both parents is in the child’s best interests (unless there is any risk of harm to them) and so it is unlikely that you will be prevented from seeing your children without good reason.

The court considers a ‘welfare checklist’ which includes factors such as the age of the children, their feelings and wishes, their well-being and other factors. The children’s welfare is the main concern of a judge in deciding residence and contact and will make a decision based on what is in their best interests.