Divorce and Family Services

Children

Although the welfare of children to the marriage are of paramount importance to the courts, the divorce suit will not deal with issues concerning a child. If the parents cannot agree on suitable arrangements for a child, then it can be decided by the court after a parent or guardian has applied to the court.

The orders available order include:

Child Arrangement Orders are used by the Family Court to determine when and with whom a child is to live (Residence).  This could be specific times and days, as it might be shared between the parents;  These order can include with whom the child is to spend time with, at which times and on which days (Contact).

Prohibited Steps Orders are available if the parents do not agree to a decision about a child’s upbringing.  If a parent tries to change the surname of a child or remove a child from school, the other parent or guardian can apply to the Family Court to prevent it happening.  Prohibited Steps Orders are used where one parent objects to the other parent changing a child’s school or taking the child out of the country.  A Prohibited Steps Order prevents a person with Parental Responsibility from taking a particular step without the consent of the Court.

A Specific Issue Order is an Order by the Court directing how a particular question concerning any aspect of Parental Responsibility for a child should be sorted out.  For example, when parents of different religious faiths get divorced, a Specific Issue Order could be used to decide which religion the child should adopt.

Grandparents

Grandparents do not have automatic legal rights in relation to their grandchild. Sometimes a parent might prevent a child to spending time with a grandparent. The parent might use it as a tactic to punish a grandparent or the other parent, or to use it as a bargaining chip. 

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