The Court can be asked to make decisions regarding the child’s upbringing, if the parents/guardians cannot agree, such as the child’s education, religious upbringing, medical treatments and holidays.
When Will The Orders Be Made And How?
The primary consideration in any matter concerning children is the best interests of the child. It has been recognised that the child’s best interest are not served by having court orders relating to them however amicably the parents have applied. Therefore, the Act stresses the “non intervention principle”. If no order is necessary, none will be made.
It is for that reason that, in a divorce, the Judge will consider the Statement of Arrangements for the Children. If the Judge is satisfied that the arrangements are reasonable, a certificate will be issued with the certificate of entitlement to a decree absolute of divorce. The certificate simply confirms that the Judge does not believe that any order is necessary. If there is a dispute over the children, the parent who wants an order must apply for it in separate proceedings and the Court will give directions about what is to be done to bring the application to a final hearing.