Child matters FAQs

After separation, parents should continue to communicate with each other openly about all issues involving or affecting their children. It may be difficult but it is essential. Showing a united front and providing reassurance to your children is so important. Make sure they know that, although their parents may no longer be together, they each love them and will continue to be there for them.

Parental Responsibility is a legal concept. It governs who is able to make important decisions about children. Mothers always have Parental Responsibility, but that is not necessarily the case with fathers. If a father does not have Parental Responsibility, he can obtain it, either with the mother’s agreement or by a court order.

Emotion and practicality don’t mix well, but where children’s welfare is concerned, it is important to be as level-headed as possible about the post-separation arrangements. The most pressing issue to decide is where and with whom the children will live, and the arrangements for the children to see the other parent. Children have a right to see both parents and this should be the starting point for the discussion.

Where there are issues which cannot be easily resolved between parents, consider asking an independent mediator to step in. Mediators are specially trained in working with parents to encourage helpful conversations about the children and to see if practical proposals can be agreed. It is not about getting you and your partner back together, it is purely about helping you sort out important arrangements for your family.

Mediation is a voluntary process, but in most situations it needs to at least be explored before you can apply to the family court to resolve any issues.

The idea of having a judge look into your family life may be unsettling. But it is helpful to think of the court as a fair third party which has your children’s best interests at heart. When parents cannot agree on where the child will live, with whom they will spend time and when, the court can make a Child Arrangements Order. The court has wide powers when making this type of order, including the power to order a parent to complete a specific activity, such as attending a parenting course.

In some cases, during the separation and divorce process one parent will attempt to take control over their children. They may make decisions and act without obtaining the other parent’s consent (which should be obtained). One such example is a parent taking the children out of the country without the other’s consent.

If you are worried that your partner may act in such a way, then it is important to discuss it with your solicitor straight away. You may be able to apply to the family court for a Prohibited Steps Order which puts a legal stop on certain things happening. Courts will sometimes process these applications on an emergency basis without the other party being present (a “Without Notice” Order).

The courts are not just on hand to help establish routine arrangements following separation. They can also assist at any time when parents cannot reach an agreement on a particular issue concerning the children. One such example is parents being unable to agree upon the school that the children should attend. In such cases, a parent can apply for a Specific Issue Order, allowing the Court to decide the issue in the children’s best interests. Where necessary such an application can also be made on a “Without Notice” basis.

Parents should try and resolve the financial issue of child maintenance between themselves if possible. If they cannot, it is possible to apply to the Child Maintenance Service for help.

Arrangements about where your children should live and their contact with each parent should never be influenced by whether or not a parent is paying maintenance. They are entirely separate issues. Even if your partner is not paying maintenance at all, or has defaulted on payments, they are still entitled to see their children as arranged.

Children remember what they see, hear and feel, and they have a knack of being in earshot when you least expect them to be.

We have worked with plenty of clients who are embroiled in bitter break-ups. We always advise them to do everything they can to protect their children from the negativity of separation. That means setting aside issues while you are in your children’s company and avoiding getting into arguments with a partner while children are in earshot. However strongly you feel, never pass on your true feelings about your partner to your children.

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I used Eric Robinson for my sale and…

I used Eric Robinson for my sale and purchase and they have been, without doubt, the best solicitors I have ever used. I have always had bad experiences in the past so felt apprehensive about the whole process. Hazzra Huxford was professional, methodical and responsive. She moved things along as swiftly as she was able to, and provided updates in a timely way throughout. I really felt I was in good hands. Towards the end of the process, Hazzra left for maternity leave and my file was handed over to Sylvia just before exchange – again, the service provided by Sylvia was excellent – putting my mind at ease, responding to queries and getting what was a long and messy exchange over the line. Very grateful to them both and will not hesitate to recommend to others. Thanks both!


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12 Mar 2026

Highly Recommend!

I’ve used Eric Robinson twice now for conveyancing – Chantelle in particular – and I cannot fault the attention to detail, efficiency and level of communication provided. I will continue to recommend Chantelle and the service offered by Eric Robinson!


Amy Mellor
11 Mar 2026

Transfer of equity

Emma and Megan were kind, informative and communicated well with updates regarding my transfer of equity. I appreciated that the majority of actions were achieved through phone and email, apart from when I chose to collect documents by hand. Thank you for your support.


Nik
09 Mar 2026

Would highly recommend

Miya was great to deal with at Eric Robinson Solicitors. Everything was explained to me clearly and she always came back to me quickly. We had a situation with our buyers solicitors where they were being very slow. Miya worked really well with our agent to push this through in the timeframe that we needed. Would highly recommend.


Sarah Moody
25 Mar 2026

Brilliant Conveyancing Service

Used for conveyancing to sell a property – Emma and Megan were absolutely fantastic! My buyer’s solicitor was a nightmare and I was very impatient to get the sale completed, but they did a brilliant job of moving things along. Really easy to deal with, excellent value for money and fab service. I highly recommend!


Sophie
22 Mar 2026

I used Eric Robinson for my sale and…

I used Eric Robinson for my sale and purchase and they have been, without doubt, the best solicitors I have ever used. I have always had bad experiences in the past so felt apprehensive about the whole process. Hazzra Huxford was professional, methodical and responsive. She moved things along as swiftly as she was able to, and provided updates in a timely way throughout. I really felt I was in good hands. Towards the end of the process, Hazzra left for maternity leave and my file was handed over to Sylvia just before exchange – again, the service provided by Sylvia was excellent – putting my mind at ease, responding to queries and getting what was a long and messy exchange over the line. Very grateful to them both and will not hesitate to recommend to others. Thanks both!


Jade Dear
13 Mar 2026

Amazing service

Amazing service , polite helpful and reassuring on our house sale and purchase Our solicitor Chantelle Bennett I would recommend to anyone 10/10


Laurence
12 Mar 2026

Highly Recommend!

I’ve used Eric Robinson twice now for conveyancing – Chantelle in particular – and I cannot fault the attention to detail, efficiency and level of communication provided. I will continue to recommend Chantelle and the service offered by Eric Robinson!


Amy Mellor
11 Mar 2026

Transfer of equity

Emma and Megan were kind, informative and communicated well with updates regarding my transfer of equity. I appreciated that the majority of actions were achieved through phone and email, apart from when I chose to collect documents by hand. Thank you for your support.


Nik
09 Mar 2026

Would highly recommend

Miya was great to deal with at Eric Robinson Solicitors. Everything was explained to me clearly and she always came back to me quickly. We had a situation with our buyers solicitors where they were being very slow. Miya worked really well with our agent to push this through in the timeframe that we needed. Would highly recommend.


Sarah Moody
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