Settlement of parental rights by agreement
The most difficult part of matrimonial litigation is deciding on the substantive issues relating to the common child. The parties have to agree on how parental custody will be exercised, the contact between the separating parent and the child, the amount of child support to be paid by the separating parent and the use of the marital home (the last home shared by the spouses).
How long can such a procedure take?
Whether the divorce goes quickly or takes years will in most cases be determined by whether the parents can agree on the above issues. If they can, the court will not even look at the causes or the process of the breakdown of the marriage, it will just approve the parents’ agreement and the divorce can be finalised in one hearing. The court will not approve every agreement, it must be clear, enforceable, contain no vague or unenforceable conditions and, most importantly, the best interests of the child must be paramount.
The child’s decision-making
It is important to note that once the child has reached the age of 14, the decision on parental custody and placement with a third party can only be taken with the consent of the child, unless the child’s development is at risk. In cases where both parents agree that they have involved the child in the decision making, it is unnecessary for the child to be heard by the court. And if there is a dispute between the parents about parental custody, the child over 14 must be heard.
A well-written agreement, apart from being approved by the court, is also important because it will set out the rights of parents in relation to their child for many years to come, and if it is sufficiently detailed, covers all life situations where possible, and takes equal account of the interests of both parties, it can be a sustainable system that works for both parties in the long term.
Please contact our law firm for assistance in drafting the agreement.
In the next section, we will discuss parental control in more detail.
