Arguments about children are rarely solved by quoting the statute at the kitchen table. They are solved by a clear plan: what happens on school nights, holidays, and handovers, and what happens if that plan breaks down. When agreement is not possible, the court in Northern Ireland uses the Children (Northern Ireland) Order 1995.
Residence orders in Northern Ireland
A residence order decides who a child lives with. Parents often assume the parent who has done the school run will automatically keep the child. The court looks at the child's welfare, not at a default in favour of either parent. Shared arrangements are possible, and they are more common than they were twenty years ago, but only where they work for that child.
Contact orders
A contact order sets the time a child spends with the parent they do not live with, or with grandparents and other people who matter to them. Before issuing, we write to the other side where that is safe. The Legal Services Agency expects reasonable attempts to settle private law children cases before proceedings, and those negotiations can sometimes be covered by legal aid advice.
Care proceedings and social services
If a Health and Social Care Trust has started care proceedings, or you have been asked to a meeting about your child, get advice before you attend. Kristina is a member of the Children Order Panel and represents parents and children in care, adoption and related cases. Legal aid is often available to parents in public law proceedings. Do not wait to see how the next meeting goes.
The same solicitor can deal with the children and with the divorce if both are live. Call 028 9443 8955 and say it is about a child. We will tell you whether to bring letters from the Trust to the first meeting.
This is general information about the law in Northern Ireland, not advice on your situation. Call us before you rely on it.