Generally, there is now no requirement for the courts to be involved with the arrangements for children in a divorce. The courts however do need to satisfy themselves that adequate arrangements have been made for the children's welfare. This is normally done by a 'Statement of Arrangements' for the children.
Statement of Arrangements
This is where the parents have made a written agreement signed by both as to where the children will live, details of contact arrangements.
Disputes
If arrangements cannot be agreed both parents, i.e. the petitioner (who is applying for the divorce) and the respondent (the other spouse) can submit their own separate Statement of Arrangements for consideration by the district judge.
The judge will then review these arrangements and make a decision as to the acceptability of the suggested arrangements or decide to exercise its powers to make a section 8 order. The judge will then issue a certificate to say that no court order needs to be made or make an order.
Priorities
"The child's welfare shall be the court's paramount consideration" - extract from The Children Act.
The courts have a priority list that needs to be considered when looking at disputes over children:
These are all taken into account when making a decision with regard to children
Children in court
A child will not normally be asked to attend court unless they are over the age of 10. If they are it may be that the judge will see them in private chambers or alternatively seek welfare reports.