Parenting after Separation

Arrangements for the children can be the most difficult thing to manage after you separate. The law says that all decisions should be in the child’s best interests. Remember that it is not about your rights. The law wants to see both parents have a meaningful relationship with both parents and for the children to spend time with each parent that includes holidays, school days and special days. It depends on many factors such as how involved each parent was, the age of the children and each parent’s capacity to spend the time with the children and parent effectively. However, allegations of or actual violence and will be considered as to whether you can protect the children. Protection of the children from both physical and mental harm is the most important priority when considering best interests of the children. A court may decide that one parent can not be a part of the children’s lives at all if the children are at risk of harm. The age of the children is very important.

If a 2 year old had been cared for mostly by one parent, overnight time for the other parent may not be appropriate as the child is likely to suffer separation anxiety from the other parent. Time is usually increased incrementally as the child gets older and usually by 5 the child is spending regular overnight time with each parent. It always depends on your circumstances and the needs of the particular child. If both parents have been actively involved, then the child at 2 may cope well with overnight time with both parents. Again, it is all about the child. If you cannot agree them try mediation. Mediators are trained to help you with arrangements for the children and can help you draw up a written agreement called a Parenting Plan. This is a good start but it is not legally binding. Should one parent not stick to the plan then your only option would be to apply for court orders and the Judge decides. Contact us for  a Free no obligation meeting!