Disputes relating to children can be the most difficult aspect of any marriage or relationship breakdown. It is important at all times to remember that any arrangements for the children have to be decided on the basis of what is best for the children. This can sometimes conflict with that the parties themselves want.

Usually the children will continue to reside with their mother. If a marriage or relationship comes to an end but there are four areas that will need to be considered for the children apart from finances.

• Residence. Where the children will live on a permanent basis.
• Contact. Who the children will see on a regular basis. This will usually be the non resident parent.
• Parental Responsibility. If the parents have never been married to each other, then it is the mother who has sole parental responsibility unless the birth occurred since December 2003 and the father is named on the birth certificate. The father can obtain parental responsibility, either by agreement or Court Order. Where the parties are, or have been married, then both the mother and father have parental responsibility.
• Maintenance. Maintenance for children is usually dealt with by the Child Support Agency, although children many have claims in respect of property and other capital.