We are often approached by fathers who worry that after a divorce they will only get weekend access to their children. The reality is that this type of arrangement is now very rare.
The approach of the Family Court is to involve both parents in their children’s lives as possible, where it is safe, practical and in their best interests to do so.
There is no one-size-fits-all arrangement for separated families and you may find that you have a very different pattern of seeing your children to that of other parents. It is becoming more and more common for children to share their time with both parents so that they have time during the week, at weekends and during holidays.
The Court has a duty to consider the ‘Welfare Checklist’ when considering what arrangement would work best, and that includes considering the needs of the child, the capability of each parent in meeting those needs, any risk of harm to the child and also what the child’s wishes and feelings are. The wishes of the child are only one consideration and the court will also look at whether their stated wishes are genuine or whether they are being influenced by the other parent. That is often something which parents worry about it, and at Harrowells we are alive to that concern and cases of parental alienation.
Whether you are wanting more contact with your children, or are looking to try and continue your role as primary carer, the best asset you can have is a family solicitor who understands what strategy is best to give you the best chance of getting that outcome, and a solicitor who will fight your corner.