Post-Separation: Child Arrangements

An increasing number of couples are separating, causing families significant stress and emotional strain. The emotional strain is heightened when young children are involved. One of the most challenging issues is when parties try to agree on arrangements between themselves as to where the children will live and how much time they will spend with each parent.

Parents often shift from jointly caring for their children to one parent becoming the primary carer, whilst the other must adjust to seeing the children less frequently. In some cases, parents can come to an agreement and find a routine which works well for them as well as the children, minimising disruption as much as possible. It is important to note that communication should be encouraged, along with a compromise to be able to reach an agreement. However, should an agreement not be reached, it is advisable to seek independent legal advice to discuss the options available.

In the absence of an agreement, the first option available is mediation. A solicitor can assist with referring clients to mediation. A mediator facilitates discussions between the parties in the hope of an agreement being reached, avoiding lengthy Court processes and legal fees.

If mediation is unsuccessful between the parties, the next option available is to lodge an application with the Court. In most cases, the parties are required to attempt mediation before applying; however, there are some circumstances where a parent may be exempt from attending mediation.

Once an application has been made, the court will encourage agreement wherever possible, often involving Cafcass (Children and Family Court Advisory and Support Service). Cafcass officers may speak with both parents and, where appropriate, the children, to understand their wishes and feelings. If an agreement still cannot be reached, the matter will proceed to a court hearing, where a judge will make a decision based on the facts of the case, with the child’s welfare as the paramount consideration.

How Forbes Can Help You

If you are separating and struggling to agree on arrangements for your children, our Family Law team at Forbes Solicitors can provide clear, practical advice to support you at every stage. We will help you explore your options, from mediation through to Court proceedings where necessary, always focusing on achieving arrangements that work in the best interests of your children.

We are committed to guiding you through the process with sensitivity and clarity, helping to reduce conflict and provide reassurance during what can be a difficult time.

To start your enquiry, you can contact Forbes Solicitors via our website and a member of the team will be in touch to arrange an initial consultation by telephone, video call, or in person. Alternatively, call us on 0800 689 1058.