How and why to determine paternity When a woman gives birth, she knows the child is hers. However, the father has no such certainty. If the couple is in a loving and apparently monogamous relationship, the man can be fairly sure the baby is his. There is a theory in evolutionary psychology called “paternity certainty” […]
What do divorced parents need to know about travelling with their children? Children of divorced parents often say one of the unintended benefits of the divorce is twice the holidays. Although agreeing on holiday contact can be contentious for parents, divorce can mean the child spends almost the entire school holiday period on vacation. But […]
Protecting children’s best interests As family lawyers, we talk repeatedly about “the best interests of the child”. This is the principle that informs and underpins the Children’s Act and should be the first priority in any divorce where children as involved. It’s reasonable to expect parents to put the best interests of their children before […]
New strategies for modern families The concept of “family” is changing. It no longer automatically implies a heterosexual couple and 2.4 children. Same-sex couples adopt or have their own children, either through donor insemination or surrogacy. As more marriages end in divorce, we see more blended families as individuals find new life partners, with or […]
School choice can be a bone of contention for divorced parents When a couple with children divorces, their relationship does not end. They must continue to communicate and share responsibility for their children’s care and upbringing. And that includes school selection. In some locations, the choice of school is obvious. In a rural area there […]
Denying a parent access to a child could land you in jail When a couple with children divorces, the primary consideration is the wellbeing and welfare of those children. Many hours are spent agreeing custody arrangements and working out a parenting plan that defines contact hours, holiday provisions, and other aspects of a child’s physical […]
What is it and why is it needed? Children’s rights are protected internationally by the Geneva Declaration on the Rights of the Child, the United Nations Declaration on the Rights of the Child, the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, and they […]
What happens when a child wants to live with their other parent? What happens when a child of divorced parents expresses a preference to live with the (currently) non-custodial parent? As children grow, and their relationship with each parent develops, they may at some point decide they would like to go live with the other […]
