DISPUTES over children are one of the most difficult and distressing areas of relationship breakdown.
Almost all disputed cases involving contact or residence are emotionally charged and complicated.
And as the Fathers for Justice campaign demonstrates men, as well as women, can be left feeling deeply aggrieved by the process.
For this reason it is critical to take professional advice to ensure your side of the story is effectively represented.
Under the Children Act 1989 the Court regards the welfare of the children to be the first and paramount consideration. However, there is a presumption that there should be no order regarding child arrangements unless the circumstances are exceptional.
Even after a divorce or separation, both parents retain parental responsibility for the children.
This includes all the rights, duties, powers and responsibilities that a parent normally has under law. So, for example, parents retain making decisions over medical treatment and being involved in the education of the children.
But where agreement cannot be reached serious problems can arise and the matter becomes contentious. Sometimes the reasons for this are misguided with one or both parties using the children to get at one another.
On other occasions there are very real causes for concern as to the well-being of the child and so court action becomes unavoidable if the parents cannot come to an agreement. The courts usually regard imposing a solution in respect of children as a last resort. They will try to encourage the parties to resolve their differences by conciliation if at all possible.
With younger children the wishes of the child are taken into account depending on age but they are not decisive in themselves. Generally, a court will consider contact with both parents to be in the interests of the child and it is very unusual for, say, a non-custodial parent to be denied contact with the child.
In practice, although the test of what is in the child's best interests seems simple enough, if one parent seeks to prevent the other having contact at all then legal advice is almost always necessary.
But the bottom line is that contentious child contact issues are loaded with real and complex personal and legal issues.
It is vital parents seek legal help to help achieve what is best for their children. At the same time this can save a lot of time and emotional heartache.
* Carole Atkinson is Mace & Jones's head of family law.