Protecting Children’s Rights During Divorce Proceedings: A Legal Perspective

A divorce can be highly stressful and emotionally draining—not only for the married couple involved but also for the children involved. Under UK law, children enjoy several special rights, which help ensure that the outcome of any divorce supports their welfare in the long run.

But exactly how does this work?

Legal Framework Governing Children’s Rights in Divorce

The Children Act 1989 is among the most critical pieces of family law legislation in the UK. This act, along with the Family Law Act 1996, outlines the responsibilities of both parents after a divorce. It establishes parental responsibility and ensures that a child’s new living arrangements are in the child’s best interest.

If the parents can’t agree on how a child should be raised, a special court order called a ‘child arrangements order’ can be issued. This order spells out exactly where the child will live, how much time they will spend with each parent, and what kinds of contact are permitted.

One relatively recent law change was the Financial Remedy Transparency Reporting Pilot, which allowed journalists and legal bloggers to report on family court cases. This pilot is intended to increase transparency and bolster public confidence.

Alternative Dispute Resolution (ADR) Mechanisms

In most cases, the interests of your children can be protected without you having to go through the stress and expense of formal court proceedings. Parties to a divorce might consider various alternative dispute resolution methods, including mediation and arbitration.

The recent ruling in NA v LA suggested that non-court dispute resolution could be encouraged, even if one party doesn’t want to engage in it.

Family solicitors play a crucial role in advising clients on the benefits of ADR methods, ensuring that the chosen approach aligns with the best interests of the children involved.

Parental Responsibility and Child Arrangements

The law establishes a concept known as parental responsibility. A person with parental responsibility is tasked with protecting and maintaining a child and providing a home for them. During divorce proceedings, a court might award parental responsibility to an individual if the parent is a good match for the child’s welfare.

Impact of Domestic Abuse on Child Welfare Considerations

Where domestic abuse has been proven to have occurred, it can have a considerable influence on the outcome of any child custody battle. In England and Wales, the Domestic Abuse Act 2021 makes clear that any child who witnesses abuse is a victim of abuse themselves – and a divorce court should never award abusive parents custody.