The welfare of any child is the prime concern of the Court. Throughout any proceedings involving children parties will be encouraged to communicate with their partner to reach a swift resolution to the conflict.

When the Divorce Petition is first issued, the Petitioner must also file a Statement of Arrangements for Children. If the Respondent indicates that he/she does not agree with that Statement, the Court can delay the divorce until it is satisfied that the children’s welfare has been addressed and that the arrangements are satisfactory.

If the parties to a divorce cannot agree over the arrangements for the children, either party can apply to the Court. However, if there is no dispute over where the children are to live and how often they should see the other parent, there is no need for the Court to be involved at all. Generally, Courts will rarely make an order regarding the children within Divorce proceedings but instead will encourage the parents to reach an agreement between themselves.

If parents can agree maintenance for children, they can incorporate that agreement in their own financial order, or Consent Order. However, please bear in mind that any agreement reached regarding child maintenance can be overturned by the Child Support Agency (CSA) one year after the Court order.

It is possible for either parent to ask the CSA to carry out a calculation of the level of maintenance, or to ask the CSA to administer all of the payments. If the parent having care of the children is receiving Income Support or Working Families’ Tax Credit, the case will be referred to the CSA automatically.

There are reductions in the child maintenance payable for time spent by the children with the non-resident parent in overnight contact, and if the non-resident parent has children from another relationship.

What is important to remember, is that both parents are responsible for supporting their children. How much each party contributes to the costs of bringing up the children, depends on their individual circumstances.

The Court will only intervene in disputes over children if doing so would be in the best interests of the child, not the parent.

Please note that it is the child’s right to live with a parent, or to have contact with a parent; not the parent's right.

An application form is sent to the Court, and there is a Court fee of £175. Both parties must attend all hearings. Each party’s legal advisor may attend, or they may instruct a barrister to represent them. Almost all hearings are heard in a Judge’s private room, or ‘ in chambers’. They are relatively informal, and the child does not attend court. Any aspect of the court proceedings, including any reports, statements, or negotiations between legal advisors, should not be discussed with the child. The Court prefers to keep issues of finances and children separate.

At the first hearing the Judge will usually give directions as to how the case will progress. The Judge will try very hard to get the parties to reach an agreement at this first hearing. If no agreement can be reached then the Court usually orders that the Children and Family Court Advisory Support Service (CAFCASS) prepare a report. CAFCASS officers are usually former social workers, and their task is to establish the wishes of the child. Their report usually gives recommendations as to what Order the Court should make. Each party is often also ordered to file a statement setting out their views.