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Children
Even when parents have been married, both parents continue to jointly and equally retain their parental rights and responsibility in respect of their children on separation (formerly known as Legal Custody). However, it is not always possible for parents to resolve the best arrangements for the children straight away. Again, mediation should be attempted, but even if this does not resolve the issues, either parent may apply to the Family Court for what is now known as a Child Arrangements Order to decide the best arrangements for the children (formerly known as Residence and Contact). There are no simple rules as to what should happen with the children when parents separate. The Court would make an order that it believes is in the best interests of the children in all the circumstances of the case. This is commonly referred to as the “Welfare Principle” which is the most fundamental and important principle of all legal cases involving children. The Court takes into account the child’s physical, emotional and educational needs, and also the child’s wishes and feelings, depending on their maturity. It goes without saying that Court applications in relation to children should be the last resort. Every effort should be made by parents to agree arrangements for the children, making sure that the children know that despite their parents’ separation, both parents still love them and want what is best for them.
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