The law prioritises children’s needs and well-being. Always keep this in mind when you make arrangements after a divorce. If you need support or advice, our child arrangement order solicitors are here to help.
Divorce is hard on the whole family. Unfortunately, children are often hit the hardest as they can feel caught between two warring parents and are uncertain about what the future holds for them.
That's why, however you might 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 don't have to involve the courts or legal system. If both parties can come to a sensible arrangement about where the children will live once you're divorced, and what access and financial arrangements are necessary, then you can 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've referred to the welfare checklist used by the family court when agreeing on child arrangements with your ex after a divorce. If 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 living arrangements after divorce?
Obviously, there's a lot for you both to consider, especially if a child is over the age of nine or 10, as their wishes should also be considered. This is a time to set your own differences aside and look at things from your child's viewpoint.
Our family law experts and child arrangement order solicitors recommend that divorcing couples take these 'big three' considerations into account:
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 our children happy?’
What if we can't agree child living arrangements after divorce?
Where it isn't possible to reach agreement between parents, before applying to the family court for a Child Arrangements Order, you must first attend a Mediation Information & Assessment Meeting (MIAM). Once this avenue has been tried, and if it's unsuccessful, you can then seek a Child Arrangements Order in family law court.
This is a final court order made by the judge that decides 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're considering making an application for a Child Arrangements Order, you may find it useful to speak to one of our experienced child arrangement dispute lawyers first.
We're here to treat you and your family with care and sensitivity, and like you, we want to find the best solution for your children. To talk to us, phone 0330 041 5869 or contact us online today and we'll be happy to call you.
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)
Why choose Slater and Gordon's child arrangement solicitors?
We know how difficult a divorce can be on a family, particularly where young children are involved. Having the right support and guidance on hand can make all the difference. Our team of understanding and compassionate child arrangement lawyers has helped countless families find the best way forward, working through disputes and conflict, positively and constructively.
Every family is unique, which is why we tailor our advice to your family's needs and strive to secure the best outcome for you. Our family law team has received recognition and numerous accolades from the legal industry. We're ranked in the independent legal directory Chambers and Partners, and many of our team are recognised in the Legal 500.
We're proud members of Resolution, an organisation of family justice professionals committed to promoting a constructive approach to family issues. You'll find our offices nationwide, so we’re able to bring our expertise to your doorstep.
We're an award-winning law firm and have a dedicated team of family solicitors to advise and guide you – no matter how complex your situation might be.
Affordability and advice
We offer affordable, expert legal advice on divorce and child arrangements. Book a consultation for clear guidance and next steps. Consultations are charged at £150 for 45 minutes.
Tailored advice
We understand that family situations differ – so we provide tailored advice and guidance around divorce and children to suit your individual needs.
Local access
We're a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
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's important that you can agree on how the two of you will continue to care for your children now that you're no longer together. This should include where your children will live, how much time they'll spend with each of you, and when this will be.
Such matters are often agreed informally, although where disputes arise, it may be necessary to speak to a family lawyer who can advise on child arrangements.
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 living arrangement after divorce, 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 requires 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's 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's 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)