Parenting laws state that the welfare of the child is of paramount importance. If both parties cannot agree, a Judge will make a decision after considering all the relevant factors. In some cases the Court can require that the children be separately represented by their own solicitor.
In most cases, even after a court case has commenced, parents will reach consent and finalise the case by way of consent orders. This will often occur based on recommendations of court experts, including family consultants following the issue of a report or memorandum. In those cases, the court will still consider if the proposed consent orders are in the child’s interests, but will usually make the orders sought by consent. Orders made by consent are legally binding and enforceable, just as if the case had been decided by a Judge following a defended hearing.