Child's position in a divorce situation
When parents get divorced, their relationship comes to an end but their parenthood does not. The parents continue to be responsible for the custody and maintenance of their child. Despite the divorce, a child has the right to maintain a close and safe relationship with both the parents.
The mediator shall pay special attention to securing the position of the child in a divorce situation. The mediator helps the parents to find an amicable solution to the everyday arrangements concerning the child. Questions that need to be solved are for example whether the parents have joint custody of the child, with which parent the child will reside, how often the child will meet with the parent he or she does not reside with, and how the expenses for the maintenance of the child are shared between the parents.
The child may also participate in the mediation, if the parents so wish and if this is deemed to be in the best interests of the child. In order to find out the thoughts and wishes of the child, the mediator may discuss with the child in private without the parents being present and then share the child's views with the parents.
If the parents come to an agreement, the mediator helps them to draw up the agreement. In order to make the agreement enforceable, the mediator urges the parents to take it to a child welfare officer for confirmation.