subject: Civil Partnership Dissolution: Acting In The Childrens Best Interests [print this page] Many civil partnerships may not have any children from previous relationships living in their households. However, there are a number of "civil partners" who do have children living with them.
Like in the case of a divorce, the end of the relationship and subsequent civil partnership dissolution can have a very negative effect on any children involved. It can be very distressing for the children to see that the two partners are not getting on and maybe no longer living together, on top of the long and time-consuming process and court appearances involved in dissolving a civil partnership. It is vital that the partners act in the best interests of any children involved to minimise the likelihood of emotional damage to the children. This can sometimes be very difficult as there are usually very strong emotions and negative feelings between both partners in civil partnership dissolution.
If the couple cannot come to any sort of amicable agreement, the Courts may have to get involved. The partners have the option of using a family mediator or collaborative lawyer, but the problem is that trust between partners has usually completely broken down, and the agreement will not be legally binding. Partners should seek legal advice if they need to use the Courts to come to an agreement regarding any children involved.
The partner who is not biologically related to the children will not automatically assume parental responsibility for the children unless they have got a parental responsibility agreement signed or parental responsibility Court Order. When the Courts get involved, provision of care for the children is the priority- to use the courts own language, "he welfare of the children is paramount". In making a decision about children, the court is obliged to take into account the health, welfare and education of the child. When applying for a civil partnership dissolution, a "statement of arrangements" must be completed along with the "Petition" to dissolve the civil partnership. The partner completing the "statement of arrangements" must tell the Court what plans have been made for the care and support of the children.
Deciding who the children will live with can be a very complex procedure, particularly if both parties have parental responsibilities. The decision made by the Courts will be dependent on a number of factors including the age of the child and their particular preferences.
In the unfortunate event that the couple cannot come to an agreement about arrangements and provisions for the children involved, they should speak to divorce solicitors who specialise in civil partnership dissolution to become aware of their options and what they are able to do to act in the children's best interests.
by: Tim Bishop
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