The law always puts the needs and welfare of children first, so the arrangements you agree after divorce must make sure you have also taken this into account. Our family law experts are here to help if you need support or advice.
Divorce can be hard on the whole family. Unfortunately, children are often hit the hardest as they can feel caught between two warring parents and uncertain about what the future holds for them.
That's why, however you may feel about your ex at this difficult time, you owe it to your children to put their needs first when you start to think about child arrangements after divorce.
Perhaps the first thing to say on the subject is that child arrangements after divorce shouldn't have to involve the courts or legal system at all. If both parties can come to a sensible arrangement about where the children will live once you are divorced, and what access and financial arrangements are necessary, then you can simply go on making joint parental decisions as informally as you did before the divorce.
This will almost always be best for the children, particularly if you have referred to the welfare checklist used by the family court when agreeing child arrangements with your ex after a divorce. In the event that you can’t reach an amicable agreement between the two of you, this checklist is what the family court Judge will use when making a child arrangement order.
How do you decide child arrangements after divorce?
Obviously, there is a lot for you both to consider at a time like this, and especially if a child is over the age of nine or ten as their wishes should also be taken into account. This really is a time to set your own differences aside and look at things as much as possible from a child's viewpoint.
Our family law experts recommend that divorcing couples take these 'big three' considerations into account when making child arrangements.
Where the child or children will mainly live
How you'll ensure that the children spend enough time with both parents
When and where this will happen
Factors such as proximity to school and friends should also play a part in your discussions, but the biggest thing for you both to think about is: 'what will make them happy?’
What if we can't agree child arrangements after divorce?
Where it isn't possible to reach agreement between the parents, before applying to the family court for a Child Arrangement Order, you must first attend a Mediation Information Assessment Meeting (MIAM). Once this avenue has been tried and if it is unsuccessful, you can then seek a Child Arrangement Order in family court.
This is a final court order that is made by the Judge and will set out details of which parent the child will live with and when the child should spend time with the other parent.
Importantly, in the eyes of the law, the starting point for all child arrangements is that the child should have contact with both parents, unless it can be demonstrated that this would adversely affect the child's welfare.
Bearing this in mind, if you are considering making an application for a Child Arrangements Order, you may find it useful to speak to one of our experienced family lawyers first.
We're here to treat you and your family with care and sensitivity, and like you, we want to help find the best possible solution for your children. To talk to us, simply phone 0330 041 5869 or contact us online today and we will be happy to call you.
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Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf.
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The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued.
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Frequently asked questions about child arrangements after divorce
What is a child care arrangement after divorce?
If you and your partner get a divorce and you have children together, it is important that you can agree on how the two of you will continue to care for your children now that you are no longer together. This should include where your children will live, how much time they will spend with each of you, and when this will be.
Such matters are often agreed informally, though where disputes arise it may be necessary to speak to a family law expert.
What is the most common arrangement for children following divorce?
Some of the most common child arrangements include:
Sole residency: this is perhaps the most common child arrangement and involves children living permanently with one parent, with regular visits to the non-resident parent
Joint residency: another popular child arrangement, joint residency refers to children living with each parent in their respective homes for an equal amount of time (for instance, they may move between homes every week)
Flexible arrangements: as the name suggests, this tends to be less formal and require good communication with parents, as arrangements will often need to be made ad-hoc depending on the schedules of the parents and children
Co-parenting: this is a much broader concept, underpinned by open communication between parents. It is a popular arrangement for same-sex couples, couples who have used a donor or surrogate, or for parents who have adopted a child, and the biological parent is still involved
Bird’s nest parenting: this is a relatively modern approach that is becoming more popular, and refers to arrangements in which a child lives permanently in the family home and the parents take turns to move in and out
Every family is unique, so the child arrangements that work for one (or even most) families may not work for you. The most important thing you can do is have an open and honest conversation with your ex-partner and consider what works best for you and your child.
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint. C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf. J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued. B L (family and personal matters case)