The sad news broke last week that Jennifer Lopez and Marc
Anthony have decided to separate after 7 years of marriage.
In a joint statement, they confirmed this:-
"We have decided to end our marriage. This was a very
difficult decision. We have come to an amicable conclusion on all
matters"
It is likely that a high profile, wealthy couple such as
Jennifer and Marc would have entered into a Prenuptial Agreement to
govern how the financial issues arising from their separation would
be dealt with. This may be the "amicable conclusion" to which
they refer in their statement. I can't help wondering,
however, how their separation will affect their
children- 3 year old twins Max and Emme.
When parents separate, it often brings a whole range of issues
regarding children to the forefront. "Where will the children
live? How often will I be able to see them? Will
I still play an active part in their upbringing?" are all
questions regularly asked by concerned parents at this
difficult time. No doubt these issues are currently on
the minds of Jennifer and Marc.
In Scotland, it is generally accepted that, except in the most
extreme of circumstances children have the right to enjoy an
ongoing relationship with both parents. How that
relationship is facilitated, however, is dependent on the
family's circumstances. As no two families are identical, there is
no easy formula for determining the arrangements for children when
their parents' relationship fails. There is, however, one
principle which must be followed- all arrangements which are made
must be in the children's best interests.
Experience suggests the best arrangements are usually
those made by the parents either alone or with the assistance of a
family law solicitor. These plans often allow for a
degree of flexibility which fits with the family's needs and it is
often stated that "no one is better placed to know a child's
needs than his or her parent". If, however,
parents simply cannot agree what is to happen to their children
when they separate, in Scotland the Sheriff court has
jurisdiction to decide on their behalf. The court has the
authority to grant a residence order in favour of one parent,
although these orders tend to be rare. More common is for a
contact order to be granted in favour of the parent with whom the
children do not live, detailing when he or she will see their
child. The court can also deal with other issues such
as schooling and removal of the child from the UK if required.
Whether you are attempting to agree matters with the other
parent, or require the intervention of the court, the right legal
advice is essential. Our team of Family lawyers are well placed to
offer specialist advice.