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Children's Issues
The English Courts can resolve disputes concerning children. A common dispute concerns with whom the children should live. English courts can make residence orders to settle this. (These orders used to be called custody orders). The Courts are sensitive to the need to protect children from being pressured to take sides or make choices.
Another common issue is contact (previously called “access” and the same as U.S “visitation”) The Courts consider that regular contact is mostly desirable although the practice of how it is achieved varies depending on circumstances.
The Courts can also make orders on other aspects of children’s lives such as schooling although this is less usual.
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Children's Issues
Children's Issues - Scenario Analysis Example #1
Mr and Mrs H separated. Mr H moved a few streets away and their eldest boy (now 15) lived with him. The younger children (14 and 12) stayed with Mrs H but the children live near each other and attend the same school. Mrs H remarried and wishes to move to her new husband's city. Mr H sought advice about residence of the other children. He told us the middle child wanted to stay at school with his friends.
Our solution:
There is no set age at which a child can "choose". Nevertheless in reality it would be hard for Mrs H to resist the 14 year old's wishes. We needed to be careful not to stress the children. Rather than issuing proceedingswe arranged mediation for Mr and Mrs H to discuss the issues. We advised Mr H to be flexible regarding contact. They reached an amicable arrangement for all children to live with Mr H for the school week and half weekends; and flexible school holiday arrangements.
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LR - London
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