Do I need to involve the Court with the arrangements we have made for our children? (From Watford Observer)

Do I need to involve the Court with the arrangements we have made for our children?

12:40pm Tuesday 7th July 2009 in Community By Danielle Messenger

I have separated from my partner and we have two daughters aged five and seven. We’ve agreed between us when the girls will see their father and the arrangements have been working well for the last six months. My friends all think I am mad as I have never been to see a solicitor or had anything official drawn up. They say I need a court order in case things go wrong. Is this right?

Don’t listen to your friends. The most important thing on separation, where children are involved, is that you come to an arrangement that works well for your family. The Family Courts will not make orders in respect of children, simply to rubber stamp what is happening. The Courts work on a “No Order” principle where they will only impose orders where there is a dispute and an order is required. If things break down in the future, you are able to make applications to the Court at that stage. Going to a Solicitor to draw up an agreement now will only serve as a record of the arrangements and may make you and your partner more inclined to stick to the terms. However, this would not necessarily be upheld as a suitable arrangement in the future, if things change. The Courts will investigate the overall circumstances at the time and consider what arrangements are in the children’s best interests.