Children & Divorce

Contact and Residence

The main question for most parents in a divorce with children is which parent they will live with. What was once termed “custody” is now referred to as “Residence.”

The court usually assumes, that parenting will be shared and that the children will benefit from spending time with both parents unless there is any reason to the contrary. For practical reasons, children will usually spend more time with one parent than the other. This is often their mother, although not always.

Courts typically favor parents independently determining the amount of time they each spend with their children, whenever feasible. If parents cannot reach a friendly agreement, they often proceed to negotiate through lawyers, and if necessary, engage in mediation.

The court requires couples to attempt mediation before it steps in, except in exceptional circumstances such as where there has been domestic violence.

A Parenting Plan

Creating a written parenting plan with your ex-partner can be beneficial if you both agree on certain aspects of parenting. This document can serve to clarify and record agreed-upon issues, preventing future misunderstandings. Should you require a court’s intervention for unresolved issues, the existing parenting plan can demonstrate the progress made and assist the judge in their decision-making process.

The Child and Family Court Advisory and Support Service (Cafcass) has more details about writing a parenting plan.

Child Arrangements Order

A Child Arrangements Order, issued by the court, details where and when children will reside and the nature of contact with parents, including phone calls, texts, or emails. If parents reach an agreement, they can request the court to formalize it into an order, making the terms legally binding. However, the court will only issue such an order if it deems it necessary.

Orders can also be made in respect of specific issues, such as healthcare, religious upbringing and choice of school as well as to prevent a parent from carrying out a certain step, for example, taking a child out of the country.

In making its decision, the court will take into account what it deems to be in the best interests of the children. It will also consider their wishes and feelings, along with their physical, emotional, and educational needs, and the potential effects of any changes in their circumstances.

Maintenance Payments

Another concern is often financial provision for children. It is usually the case that a parent who does not have most of the day-to-day care responsibilities pays some money to the one who does.

Again, the best solution is often for you and your ex to agree between yourselves as to how much will be paid and by whom.

If an agreement cannot be reached, then the Child Maintenance Service will calculate how much one parent should pay to the other. If one parent has a high income or lives abroad, seeking a court order for maintenance is an option.

Contact Us

Finding the right solutions for the children during and after divorce can be complicated and emotions often run high. At Garner & Hancock Solicitors, we are experienced in negotiating solutions in difficult divorce situations and prioritising the interests of children.

Our family law solicitors will work to minimise the effect of divorce on the children involved and ensure that your rights and interests are also protected. Please call us to discuss issues relating to a divorce or your children with an experienced family lawyer.