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Custody and Children

The first step which will need to be taken where a marriage has broken down and there are children in that marriage the custody and welfare of the children will have to be agreed between the parents.

Where this is not possible clearly applications will have to be made to the Court, the Court will listen to the application and will hear evidence from both parties as to the needs of the children, the situation of each parent and the history of the family. It is then up to the Court to decide what is the best interest of the children. It should also be noted that where one parent has been assigned custody by the Courts, then the other parent may apply for access. It should be noted however that access is a right of the child to see his or her parent.

Under recent changes grandparents may also now apply for access.

At Conways Solicitors we can assist with the difficulties that arise in this area by either trying to assist in negotiating an agreed position or through representation in the Courts in providing advocacy at what is a very difficult time.