It is important to remember that Separation or Divorce is at times as difficult and emotional for any children involved as it is for both parents. It is therefore important if possible to keep the lines of communication open where children are concerned particularly in relation to access.
It is common for parents to have joint custody of the children with one parent being the primary carer and the children residing with that parent.
It is advisable for both parents to agree on access between them.
If it is not possible for the parents to agree in relation to custody and access it is open to either party to have access to a Court to decide as to what is in the best interests of the children in this regard.
It is the welfare of the child/children that is the most important factor in relation to any application relating to custody or access.
An Affidavit of Welfare should be completed by both parties in consultation with their respective Solicitors. This provides helpful information for the Court in relation to making any necessary Orders in relation to custody, access and maintenance.
An Affidavit of Welfare provides details of any dependent children, where they reside, who the reside with, education, childcare, maintenance and any special needs or health issues.
Children are regarded as being dependent up to the age of 18 or 23 if they are still in full time education.
