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The law relating to children is set out primarily in the Childrens (Northern Ireland) Order 1995 which came into force in November 1996.

Adoption
For anyone wanting to adopt a child the process can often be a long, strenuous and emotional process, fraught with legal difficulties. Wilson Nesbitt can aid in the satisfaction of all the legal procedural requirements needed to establish a legal application for adoption and any subsequent legal requirements that may arise.

Divorce/Separation
Parents are generally encouraged to share the decision-making about a child's future. If married, the parents will share joint parental responsibility for their child before, during and after divorce or separation.

Parental responsibility has been defined as including all of the rights, duties and responsibilities which by law a parent of a child has in relation to that child. As a child becomes older, he is able to make certain decisions himself and parental responsibilities diminish to that extent.

It is important for the child to know that both parents are still involved in his upbringing and in making decisions that concern him. The law also recognises that an arrangement agreed between parents is likely to be more successful in the long-term, than one imposed by the court. The philosophy of the 1995 Order thereof is that the court should not intervene unless it is better for the child to do so.

On divorce, no orders are made automatically concerning children. A Statement of Arrangements for Children must be filed at court with the divorce petition, giving details such as where the child is to live, contact arrangements, health and where he or she is to attend school.

Occasionally, it may be necessary to apply to the court for issues to be resolved. If so, the court will always consider the welfare of any child to be of paramount importance. There are four main orders that a court can make.

Residence (previously custody) - an order stating with whom a child is to live. There can be a joint residence order, although this is unusual because it is seldom practical.

Contact (previously access) - an order requiring the person with whom the child lives to allow the child to visit or stay with or have contact with a named person. This can include telephone contact or contact by correspondence.

Prohibited Steps - an order prohibiting specific steps in relation to a child; for example, a change of surname or removal from the country.

Specific Issue - an order determining a specific issue relating to a child; for example, an educational dispute or a dispute over medical treatment.

Public Law Proceedings - Care / Supervision Orders - A local health and social services trust can make an application for these orders to protect a child suffering or at risk of abuse. The Childrens (Northern Ireland) Order 1995 sets out the circumstances in which the court can intervene. In Northern Ireland children are entitled to separate representation were a care or supervision order is sought.

It is important that parents should be aware of the impact that marriage breakdown has on their children. The effects of divorce on children and how they can be minimised are set out under personal and emotional issues.

 

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Updated Daily: Thursday July 24th 2008