Both the childrens’ needs and the needs of the spouse looking after them have a priority, but the judge takes into account the other spouses needs also, although these may be postponed in favour of the spouse with the children.
It is also an important factor as to how much contact each parent has. You may not have residence of the children but you may have more contact than the other spouse. Such considerations are taken into account by the judge.
Should I fight for the children so that I get more from the family finances?
Residence (custody) of the children under the Children Act is decided on applying the test of “paramount interest of the child/ren”.
The wishes of the children and parents are only one factor of many. Factors which the court take into account are contained in the Welfare Checklist.
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