One of the hardest things about getting a divorce is when there are children involved. This makes the whole process much more difficult and emotional and there are also likely a lot of questions that the children will also have about the situation.
It is particularly important at this time to try and make sure that the children feel loved and supported and also that they are being listened to.
When it comes to the legal process of the split, you need to make sure that you have a solicitor like this solicitor Gloucester based firm who is experienced in dealing with family law and the things that need to be settled when you are going through a divorce. However, as well as arrangements for finances and properties something else that of course will come up is what arrangements should be made for the children and where they will live once the divorce has gone through.
What the priority is in this case is the welfare of the child or children and what is in their best interests. It is very common for parents to both want custody of the children and both will often be upset about seeing less of them, however the decision needs to be made in the best interests of the child, although of course it is an understandably emotive subject.
However, what happens if the child expresses a wish about where they choose to live?
The law states that a child cannot decide for themselves where they want to live until they reach the age of 16 – despite this, however, if a case goes to court, the judge may also take into account the child’s opinion if they are over the age of twelve. A child should always be listened to and if something is not practical this should be explained clearly to them.
The first thing to do if the child is expressing a particular wish to live somewhere is to have a calm conversation with them and listen to their feelings and opinions. Of course, it is normal for one of the parents to feel upset by this, but don’t put those feelings onto them and try to make them feel guilty for it. It is worth listening to what they have to say, as it could be something simple like they want to live closer to their friends for example.
If parents cannot agree when this comes up, this will then need to go to court so that a formal arrangement can be made. In this case the judge will often take what the child wants into account as well as the practicalities of the situation, so even though a child is under 16, they can technically still have their voice heard in court if they have a desire to live in a particular home.
