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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Child welfare hearing

2 replies

Toffee1234 · 23/06/2015 15:32

Short version. Ex and I have 4 and 1 year old. He has seen them 4 times in 6 months because he wants it on his terms. He has served a writ and we have a child welfare hearing. What do I expect? I've never denied access but he's been on 5 holidays since jan with new partner and away again Friday for a week. The kids don't fit around him and she's party girl so I don't really want them staying over. Thoughts?

OP posts:
kittensinmydinner · 23/06/2015 19:24

Are you in the UK op ? Because child access/contact is usually through the courts by means of a child contact hearing. I think maybe you have no answers on here is because mn is UK based and most parents have knowledge of UK system. Can you give anymore details as to how the process works where you are ?

STIDW · 24/06/2015 23:31

There is a different legal system in Scotland. Court applications are made by writ and Child Welfare Hearings are held to try and resolve disputes about children before a case eventually goes to a final Proof Hearing. At the first hearing the Sheriff will decide how to proceed, what investigations in the form of reports are required to assist him/her come to a decision, set a timetable for future hearings and perhaps make interim arrangements for contact.

Court orders are made for the benefit of children and what parents want doesn't come into it. Generally having a relationship with both parents and overnight stays are deemed to be in the best interests of children unless there is evidence the children aren't surviving satisfactorily in the care of the parent. If you disagree with your ex's proposals you need to remain child focused and be prepared to make reasonable counter proposals and compromise.

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