Questions often asked by clients going through separation. The short answer is there are no “rules” in terms of defining a child arrangement contact pattern as every family is different and each case is judged on its own merits. Whether you are going to be the Resident parent (parent with who the children live for the majority) or the Non Resident parent the law is very clear on one thing and that is the involvement of both parents in the children lives is going to further their welfare unless there are significant welfare concerns. In plain English unless the other parent poses a risk of harm to the child, the child should be spending time with that parent.
The vast majority of parents will agree upon a sensible arrangement that ensures the children enjoy quality time with both parents but often disagreements will ensue. One parent feels they are being marginalised or simply don’t get to spend enough time with the children. If no agreement can be reached and ultimately the court is being asked to assist it will endeavour to reach an outcome that is in the best interests of the children.
Although there are no “rules” on what a particular contact pattern should be there are some broad concepts that the court will commonly adopt when there are no welfare concerns and its simply a case of the parents not being able to agree and they are as follows;
Ultimately the court will do the best it can to ensure that any order made is in the best interests of the children taking account of what both parents want.
If you would like advice on how you can agree child contact arrangements with your partner if you are separated or divorced, please contact Greg Cross at Crombie Wilkinson Solicitors in Malton on 01653 600070.
If one of our other offices is more convenient for you, please speak to a member of the Family Team – York 01904 624185, Selby 01757 708957 or Pickering 01751 472121. Visit the Crombie & Wilkinson here