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Family Law – Children’s Issues
- Where the child is going to live;
- When and for how long the child sees the other parent;
- What school he/she is going to attend;
- His or her religion, health concerns and the like.
In that event, there is no need for the courts to become involved with those arrangements.
Family Law:
It is only where there is a dispute between the husband and wife about such matters, which cannot be resolved by negotiation, that the courts need to get involved. This will usually only happen after the parties and the children have been interviewed by a CAFCASS Officer and after extensive attempts by both parties, with the help of their legal advisors, to resolve the matter by way of negotiation and/or mediation. Therefore, the prospect of such a case getting to court is considerably less than before.
Further, Legal Aid cutbacks have also taken their toll. Nonetheless, if the case goes to court, both parties will have the opportunity to give evidence and to put forward their respective cases, such is the process of family law. The presiding Judge will then make a decision which will be binding upon the parties.
If either party is unhappy with that decision, he or she can apply for permission to have the case heard by a more senior Judge. However, such permission is not easily obtained from the Court, meaning the verdict is likely to stand.
It is interesting that the majority of the reported Children cases are Legal Aid cases. These cases were heard at a time when state funding was much more generous than it is now.
Divorce
We have dealt with many Divorce Petitions on behalf of clients, both within the Midlands and throughout England. Here, we give you an overview of the divorce procedure.
Divorce is the legal act of dissolving a marriage. The one ground for divorce in England and Wales is “the irretrievable breakdown of the marriage.
There are five ways of proving “irretrievable breakdown” and they are:
- Adultery.
- Unreasonable behaviour.
- Separation of two years or more with the consent of the other spouse to the grant of Decree Nisi.
- Desertion by a spouse of the other for two years or more.
- Separation of five years (without the agreement of the other spouse).
The most common grounds for divorce are adultery or unreasonable behaviour.
It normally takes approximately five months to obtain the final Divorce Order from the court.