A divorce or separation can be a painful experience but we can deal with all aspects on your behalf. There are many issues to be addressed and resolved in such situations and include dealing with custody and access arrangements, maintenance agreements, division of the family home, separation agreements and court application.
Custody:
Custody refers to the day to day care of the children and is not to be confused with guardianship. If the children’s parents cannot agree on the custody arrangements then this will be decided by a judge. Although joint custody may be granted to both parents, it is usually granted to one parent.
Guardianship:
Guardianship refers to the rights and responsibilities associated with rearing children and the decisions regarding the children’s lifestyle and development. Although an unmarried mother of a child automatically becomes that child’s guardian, the same does not apply to unmarried fathers. A father who is not a guardian of his child may apply to court for an order declaring him the child’s guardian or alternatively, both parents may complete a statutory declaration to this effect.
Access:
Although a parent may not have custody of his/her child that child will (save in extreme circumstances) be entitled to access to that parent. A child also has a right of access to his/her grandparents and accordingly grandparents are also entitled to apply to the court for an order granting access.