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Children on divorce

As a parent going through a divorce, your child or children will be your number one concern

Don’t worry. Our children and family law experts will help you achieve the best outcome for you and your kids

Next Steps

Request Free Discovery Call

Please provide your contact information, and we will organise a complimentary, commitment-free discovery call at a time that works best for you.

As a parent going through a divorce, your child or children will be your number one concern

Don’t worry. Our children and family law experts will help you achieve the best outcome for you and your kids

Next Steps

Request Free Discovery Call

Please provide your contact information, and we will organise a complimentary, commitment-free discovery call at a time that works best for you.

Children in divorce 

If you are parents, your biggest concern about a separation and divorce is likely to be the impact it will have on your child or children. You are probably also worried about childcare arrangements and the amount of time you would enjoy with your children post-divorce.


These are very natural and common concerns that feature strongly in the conversations we have regularly with mums and dads seeking advice. Making these all-important arrangements for your children after a separation can be daunting and it is perfectly normal for emotions to run high.


We understand and we are here to help. As an experienced and skilled team that deals with sensitive situations every day, we specialise in finding the very best resolution for families like yours.


Fundamentally, we believe the kindest and best outcome, particularly with children involved, is achieved by the whole family working together to reach a peaceful and enduring resolution. If this isn’t possible and a court application is needed, we will guide you through the process and represent you at court. Your interests, and those of your children, will be our priority.

Frequently Asked Questions

Options moving forward

There are various ways to make arrangements for your children in divorce proceedings. We will help you identify the approach that is right for you and your family. These options include:


  • Mediation - you may feel that you can discuss children issues with your ex-partner but would benefit from some support when you don’t see eye to eye 
  • A collaborative family law process - here, you and your ex-partner work with your lawyers to negotiate arrangements
  • Arbitration - you and your partner appoint an arbitrator who assesses your situation and makes a decision that is final and binding between all parties 

Our children and family law solicitors will talk through the choices available to you and work with you to choose the most suitable approach for your situation. 


We are always mindful of the detrimental effect parental conflict can have on a child, so we will use wherever possible the least adversarial method to achieve your desired outcome. Litigation should be a last resort only pursued if it is simply not possible to make arrangements by any other means.


We are among 6,500 members of Resolution. This organisation is for family lawyers and other professionals committed to the constructive resolution of family disputes. We follow a code of practice that promotes a non-confrontational approach to family problems. Resolution encourages solutions that consider the needs of the whole family, and in particular the best interests of children.

Where your children will live

As parents living together, you are used to living with your children and seeing them all the time. Similarly, your kids have only ever shared a home with you both and will be used to spending time with both of you together. When you separate or divorce, your child or children will usually split their time between you and your former spouse or partner. 


This can be incredibly hard for both parents, who must adjust to having periods of time away from their children. It can be difficult for the children themselves, who need to get accustomed to spending time with each parent independently. 


Our children and family law solicitors appreciate how upsetting this can be and will support and guide you through the process sensitively and with compassion.

  

Importantly, you do not need to obtain an order from the court to decide where your children will live. This can be agreed between you. If you can’t agree using out-of-court methods, you may need to apply to the court.  

Financial support for your children

Couples are encouraged to reach an amicable agreement over the level of child maintenance payable through what is known as a ‘’family-based arrangement’. Our children and family solicitors will help you understand how much maintenance is reasonable and negotiate an agreement with your ex-partner. 


Family-based arrangements allow a couple complete flexibility in respect of maintenance payments. For example, you can agree on regular weekly or monthly amounts, one-off payments at specific times in the child’s life or payment of outgoings, such as the mortgage and bills. Your child maintenance agreement can form part of an overall financial settlement on divorce.

  

If you cannot reach agreement, the issue of maintenance will be dealt with by the Child Maintenance Service (CMS), which will calculate how much should be paid and can arrange for payment if so desired. 


The family court will only intervene in child maintenance matters in limited circumstances. These include making an order relating to school fees, or ordering ‘top up’ maintenance if the paying partner earns over £156,000 a year (the CMS disregards any earnings over that amount).

Child relocation

Child access arrangements are usually straight forward to manage when both parents live local to each other. Sometimes, however, one parent may want to relocate with the child to a new area, some distance away from the other. They may have received an attractive job offer, met a new partner or want to be closer to family. This situation can cause considerable upset and stress, particularly for the parent potentially left behind, and often leads to significant conflict. 


We act for parents on both sides of the issue. To minimise the impact on the child, our children and family solicitors strive to find a solution acceptable to all involved without needing to go to court. If the parent is intent on the move, negotiations will focus on matters such as the frequency of visits to or by the remaining parent, and associated travel costs.  


If a couple cannot reach agreement amicably, the parent who wants to relocate can apply for the Court’s permission, or the remaining parent can ask the court to prevent the move - see below.  


The law governing child relocation is complex and difficult to navigate, with different rules applying to proposed moves within the UK and outside of it. Our specialist children and family solicitors will comprehensively advise you on your options and work hard to ensure your interests are protected, with regard to the welfare of your children at all times.

Child arrangements order

Considering when you will see your children, you may have heard or come across words such as ‘child access’ and ‘child custody’ or ‘contact and residence’. Since 2014, such orders are known as child arrangement orders. These establish with whom a child should live, spend time or have contact.

If a court application is necessary, we will guide you through the process, explaining it clearly each step of the way. This includes involvement with Children and Family Court Advisory and Support Service (CAFCASS), who aid the court by preparing background for the decisions and by making recommendations based on what they learn. Agreement can often be reached at the first court hearing with CAFCASS. If this isn’t possible, further court hearings may be necessary but there are various options we can help you with. Increasingly, courts are encouraging those who make applications to consider alternatives such as mediation and arbitration. If these are not available, then we can help you prepare for final hearings in court.

Financial order

Our experienced children and family law team will help you make sure your child or children are fully supported financially, whether this is an order for maintenance, a lump sum, school fees order or for property.

Specific issue order

There may be a particular issue you need to address when considering your children in divorce proceedings. This might be consent to travel overseas, the school they attend or the last name the child is known by.

Relocation application

If a couple cannot reach agreement amicably, a parent who wants to re-locate can apply for the court’s permission, or the remaining parent can ask the court to prevent the move. The court must then decide the issue based on what would be the child’s best interests. In doing so, it will weigh up considerations including the motives for the move, the resultant lifestyle of the child, how the child feels about the move and how it may impact their relationship with the remaining parent.

Prohibited steps order

In some situations, it will be necessary to restrict a parent’s parental responsibility - e.g. stopping the other parent from removing your child from nursery or school.

Family lawyers for grandparents

A separation and divorce will often be heart-breaking for grandparents, too. In the upheaval of a family break-up, the consequences for the grandparents of the children involved can be overlooked.

Our children and family law solicitors are here to help reunite you with your grandsons and granddaughters through mediation or the court system, if necessary. If the goal is to minimise the impact of a divorce on children, then this must mean maintaining access to their loving grandparents.  

James Belderbos

-Belderbos Solicitors-

"Arrangements for children in a divorce are made through a family court for many parents, and with first-class legal advice it needn’t be a process to be feared. Our experienced team will be by your side every step of the way.

Both you and your husband or wife or partner will be concerned about how your children will deal with your separation.

There is ample research that demonstrates children can adapt but it is how you separate that is significant. Research shows that continuing parental conflict is detrimental to children on separation or divorce.

Mediation gives you the opportunity to work together to find a common ground and make the best arrangement possible for the children.

Let them see that despite your personal issues their welfare is and always will be your most important priority."

Highly experienced family lawyers

If you are a parent seeking advice about separation and divorce, these are the benefits of working with our specialist team:

An amicable and enduring solution that’s best for all the family
As members of Resolution and experts in mediation, we can help you minimise the pain of a relationship split and emerge with arrangements that best support you as parents and your children.

A parenting plan or consent order that suits you and your children
We will take great care in working with you to draw up an agreement that is either private between you and your partner (parenting plan) or an enforceable consent order. We help you choose the most suitable parental agreement and then tailor it to address your specific needs.

What Our Clients Say About Us