Spending Time with Your Children

Home Services Family and Divorce Thinking About Your Children Spending Time with Your Children

Our team recognises the emotional impact of a separation on you and your children. Our advice is tailored towards providing a solution that puts your children first. We have a breadth of experience in advising on complex child contact issues in the UK and cases with an international element. We are recognised experts in cases involving a relocation within the UK and abroad.

When a relationship breaks down there is often a discussion about whether the children will live with one parent or the other. While we are in an age of 'shared parenting', the reality is that this does not normally mean that children live with each parent 50% of the time. The age of the children, the distance between homes or work commitments may simply make such an arrangement unworkable.

You and your former partner are likely to share parental responsibility for the children, whatever the living arrangements. This should mean you are involved in all major decisions such as those about their health or schooling.

We understand the importance of helping you resolve potential or actual disputes as quickly and amicably as possible, recognising your need to maintain a relationship as parents for the future.

It is extremely rare for one parent to have no right to see their children post-separation. As a general principle, the courts consider that it is in a child’s best interests to have regular contact with both parents. The amount of contact depends on the particular circumstances of the family, which may change over time. The child’s wishes and feelings are usually taken into account in any decision (depending on the age and maturity of that child).

We recognise that every situation is different and you will be supported by highly experienced lawyers who are focused on your best interests. We will ensure that you are given clear legal and practical advice together with the support you need to enable you to move to the next stage in your life.

Helpful information:

Frequently asked questions

I don't want to go to court - what are my other options?

If your former partner is not supportive of the time you spend with your children, or you cannot agree where your child should live, sometimes mediation can help you find a way forward. It is often less divisive and both parents have a direct input into an outcome that works for them and their children.

What can the court do to resolve disputes?

In some cases you may have no option but to seek the court's assistance in resolving your differences. This involves making an application asking for an order that the children spend time with you. The court has to determine what is in the best interests of the child. This means the court will look at evidence from both parents and a court-appointed welfare officer (or independent social worker). The court may also want to know about the wishes and feelings of the child involved.

What is ‘shared residence’?

Shared residence is a recognition that a child has two homes, one with each parent. It does not normally mean a strict 50/50 division of a child’s time between his or her parents, but the child will usually spend time overnight with each parent. The court no longer make “residence” orders, but will order that the child “lives with” both parents on a shared basis (known as a “child arrangements order”).

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If you require further information or advice from our team of specialist family lawyers, please contact a member of our team, email us or call us on +44 (0)20 7814 1200. Alternatively you can submit a brief online enquiry here.