In a divorce scenario, children often tend to be the most vulnerable party. Going through a sensitive and delicate phase in their life, they are often emotionally and financially ill equipped to defend themselves against the negative fallout of a parental divorce.
Divorce often shatters the very basis of that sense of security and stability, which is vital for the overall development of a child. Various studies over the years have verified the fact that children of divorce often tend to have low self esteem and face many problems in the social, emotional and psychological spheres of their lives. Not only does parental divorce happen to be a potentially stressful situation for them in the short run, but it continues to influence them in the long run also. In a divorce situation, legal issues related to the children play a major role in determining the potential growth and well being of a child.
Children’s issues often prove to be the most contentious area in divorce litigation and mediation. Divorce proceedings often become very complex because of decisions related to children. Most of the times both the parents share very close bonds with their progeny and a divorce makes them very apprehensive about the ability of their spouse to nurture and raise the children. Sometimes, blinded by their anger and acrimony, parents do not hesitate in using their children as a tool for getting even with and punishing their spouse in the divorce proceedings. Other divorce related issues like division of assets and property often do not tend to be that complex and are mostly resolved amicably by the two parties or the court. However, a child is not a piece of property that can simply be split apart by the two spouses. Over the years, judicial system has come to realize the negative impact that a divorce can have on a child. Laws related to child custody, child support, visitation and relocation are so designed and practiced to minimize the traumatic impact of a divorce on a child. Yet, sincere parental interest and concern can go a long way in fulfilling the noble intentions behind the laws related to the children of divorce.
Parenting Plan
The British Divorce Law makes it mandatory for both the parents to submit a mutually acceptable and agreed upon parenting plan in the court along with the other divorce documents. The court unexceptionally makes outmost effort to ascertain that the parenting plan is designed keeping in view the best interest of the child and will prove to be helpful in minimizing the impact of the divorce on the child. No matter the level of conflict between them, both the parents should try to be sincere and large hearted while deciding upon the parenting plan. They do not stop being a parent just because they are getting divorced. Effort should be made by both parties to sit together and draft a parenting plan, taking into consideration all the emotional, social and financial needs of their child. No matter how bitter the divorce proceedings get, still both the parents can play a constructive role in bringing up and nurturing the child. Hence both of them should try to make the best possible use of this opportunity and must get over their personal differences to ensure the well being of their child.
Child Custody
In the law, there is a provision for various types of custody such as sole custody, joint custody and shared custody. The court often decides upon child custody in accordance with the best interests of the child. However, parents can choose to decide upon a custodial arrangement which enables both of them to play a constructive role in the lives of their children. They can opt in favour of a joint legal custody which gives both of them an opportunity to influence the lives of their children after divorce.
Child Support
Child support is paid by the non-custodial parent to the primary care giver to meet the needs of a child after divorce. Children are often prone to end up with a low financial status and deprivation after a divorce. Hence both the parents should try to make ample provisions so that money does not hamper the well being of their child.
Visitation
The law recognizes that a child needs the attention, love and support of both the parents. Hence visitation decisions are made to determine the nature and extent of access of a non-custodial parent to a child.
During a divorce, both the parents should approach the issues related to a child, in a positive spirit of co-parenting and accord. A child has the right to benefit from the affection and guidance of both the parents.
