Important matters to consider for your children when separating or getting divorced
If my spouse does not pay towards the upkeep of the children, can I stop him or her from spending time with the children?
No. It is not considered appropriate to link the time spent with the other parent to financial matters.
Do I have to force the children to see the other parent if they do not want to go?
This will depend upon the circumstances and, in particular, the age of the children. It is important to, as much as possible, promote a positive image of the absent parent to the child and to encourage them to want to go and see the other parent. It is important for the non resident parent to try and ensure the children do activities which they enjoy, for example, swimming etc.
Do the children have to stay overnight?
Again, this will depend upon the circumstances, not least the practical arrangements. If the absent parent lives some distance from the children, the overnight stays may be necessary. The wishes of the children must also be considered in this regard. We will endeavour to answer any further questions on this point.
Can I force my spouse to see the children if he or she does not wish to?
It is generally very difficult to force someone to see the children if they are unwilling.