Divorce is such an emotional process, not only for the couple but also for their children.
In the UK, Family Law prioritises the welfare of the child. Instructing the services of Moloney Family Law can help you to understand the legal and emotional side of divorce. This post will look at the potential impact of divorce on children, the role of the court and how good Family Law Solicitors can help you.
Emotional Impact on Children
Children can experience a range of emotions when their parents divorce. These can range from sadness, anger, confusion and anxiety.
Young children may feel confused and believe they could be to blame for the breakup.
School-aged children can experience academic challenges, behavioural difficulties and emotional struggles.
Teenagers may react with anger or rebellion.
It is important to note that not every child will react negatively, and with appropriate support, many children can adjust well given time.
The Children Act 1989
The Children Act 1989 states that the welfare of the child must be the court’s key consideration in any decision which affects a child. With regard to a divorce, this involves making arrangements for child custody, contact with the non-residential parent and crucially appropriate financial support for the child.
The court is required to assess the impact of the divorce on the child and take into account the child’s physical, emotional and educational requirements.
Custody and Contact Arrangements
One of the most significant areas of potential stress for children is related to custody and contact arrangements. The UK courts favour joint parental responsibility, which means that both parents are expected to remain involved in their child’s upbringing, unless there are exceptional circumstances that make this inappropriate.
Parents are encouraged to agree on arrangements without the intervention of the court. Amicable agreements can reduce the emotional impact on the child. If no agreement can be reached, the court may issue a Child Arrangements Order.
The court will consider factors such as –
- The child’s relationship with each parent.
- The wishes and feelings of the child, particularly in older children.
- The ability of each parent to meet the child’s emotional, physical, and educational needs.
The aspiration is to create a stable environment for the child, whether that involves living primarily with one parent or spending equal time with both.
The Role of Family Mediation
Family mediation is an alternative to court proceedings, providing a less confrontational way for parents to discuss and resolve disputes regarding child arrangements.
Mediation does offer several benefits which include
- Reducing the emotional strain on children by avoiding lengthy court battles.
- Encouraging co-operative parenting, which can improve outcomes for children post divorce.
- Allowing parents to retain control over decisions affecting their child, rather than leaving these decisions to a Court Judge.
Mediation is often recommended before resorting to court. In some cases, it is required.
Long-Term Effects of Divorce on Children
Research has shown that while some children may experience short-term emotional and behavioural difficulties, most children of divorced parents go on to live happy lives.
How can Family Law Solicitors help?
Moloney Family Law play a key role in ensuring that the impact of divorce on children is minimised.
- A solicitor can assist parents in understanding their rights and responsibilities under the Children Act 1989.
- Help to negotiate child arrangements to ensure that the child’s best interests are always prioritised.
- Assist in negotiating child arrangements to ensure that the child’s best interests are prioritised.
- Represent a parent’s case in court if a resolution cannot be reached through mediation.
- Advise on the need for additional support, such as counselling, to help children cope with the emotional strain of divorce.
By working with Moloney Family Law, parents can ensure that the legal process is handled smoothly and that their child’s welfare remains the top priority.
Please contact Tracey Moloney – Tracey@moloneyfamilylaw.com or telephone 01249 704420.