Children and Divorce

When you separate, it can sometimes be difficult to reach agreements about how much time your children should spend with each of you.

The Children and Families Act 2014 provides that the care of children between separated parents will be determined by way of Child Arrangement Orders which set out who the child shall ‘live with’ and when and who the child shall ‘spend time with’.

The aim is to promote shared parenting wherever possible and ensure that both parents work together in the upbringing of their children. The welfare of children remains a priority and the judge will use ‘the welfare checklist’ to determine the individual arrangements for each child. It is important to understand that children are also often involved in the actual Court process and so it is advisable to try and avoid any exposure to your own differences as parents.

You can also make applications to Court for more specific issues for example obtaining Parental Responsibility, changing a child’s name, taking a child out of the country or changing a child’s school.

You may want to explore ways of reaching agreements about your children out of the Court such as family mediation which is quicker and less costly. Legal aid is still available to help with the cost of family mediation.

Talk to us

Our team of solicitors has expertise in divorce and civil partnership dissolution involving children. We can assist you in reaching an agreement through family mediation or help you make applications to the Court.

If you would like to speak to us about your options, give us a call on 0113 201 4904 or complete our online enquiry form for a free initial chat.


Download our free guide to the divorce process Complete our ‘Application for Divorce’ form

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