Children and divorce

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Why do I have to give the court details about the children?

The court must consider the arrangements you propose for the children after the divorce. In exceptional circumstances it can hold up the final decree (the 'decree absolute') until satisfactory arrangements are made for them.

What will the court want to know?

The court will want to know:

• where they live;
• who they live with;
• whether the other parent will see them and how often;
• about their day-to-day care;
• about their health;
• where they will go to school;
• what financial support they will receive; and
• that any special arrangements to help or protect them have been made.

Does this mean I must ask the court to make orders about all these things?

No. It is better if you, the respondent (and the children if they are old enough to understand) can agree these things together without the court having to make an order (referred to as 'exercising its powers under the Children Act 1989').

Whether or not you and the respondent agree about the children the court will only make an order about them if it would be better for the children than making no order at all.