In every divorce or separation, the parties are encouraged to put the needs of their children above all else. That is the approach that the court will take if it is asked to step in and decide whether a separating couple’s children should live with their mother or their father, and how the arrangements for contact with the other parent should look.
It is not necessarily the case that a court would decide that the children should live with their mother. The decision should involve a thorough assessment of what would be in the children’s best interests. It is quite often difficult for parents to step back and view this from anything other than their own perspective. That’s entirely understandable. However, it is important to bear in mind that where the parties cannot agree, and if mediation proves unsuccessful, the decision will be placed in the hands of a judge or magistrate.