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.

Can’t see what you’re looking for?

Send us your questions via the contact form and we will be happy to assist.

How can we help?

We’re here to offer family legal advice you can count on

See what our customers say…

Excellent

Based on 458 reviews
17 Jan 2025

Sylvia Garcia was lovely and always…

Sylvia Garcia was lovely and always available to help with a tricky conveyancing issue.


Consumer
09 Jan 2025

Sylvia Garcia, great job.

Sylvia Garcia batted for us in what proved to be a much more complex purchase than we had anticipated and we were very glad she was there in our corner. A charming person to deal with and her services were great value for money.


reginald docherty
07 Jan 2025

Saranya Arun

Sajith from Eric robinson solicitors handled our case with the utmost professionalism and care. We are thankful for his exceptional legal service throughout the journey of purchase. I highly recommend.


customer
02 Jan 2025

Very good experience, highly recommend Sajith

Sajith Pillai was very helpful and kept track of all proceedings very diligently. He was proactive in communicating challenges and potential risks which helped us plan ahead with confidence. We had really tight timelines and complexities which was dealt with professionally. Thank you to Sajith and Eric Robison group for all the support to get our home ready in time.


Bharath Nair
25 Dec 2024

Sajith Pillai from Eric Robinson…

Sajith Pillai from Eric Robinson Solicitors provided an exceptional service from the beginning till the end of the whole transaction. Even though there were some unforeseen delays from sellers side, Sajith always kept me updated about the progress and was chased through relevant parties for quick closure. Also Sajith was always available for a call to clarify any doubts/questions. Thank you Sajith & Team.


Jaimy Jose
21 Dec 2024

5 star firm Emma Gillespie

Very good firm. Emma Gillespie was very professional and got my sell and purchase competed in good time. Thanks again


Lloyd Lemarechal
17 Jan 2025

Sylvia Garcia was lovely and always…

Sylvia Garcia was lovely and always available to help with a tricky conveyancing issue.


Consumer
09 Jan 2025

Sylvia Garcia, great job.

Sylvia Garcia batted for us in what proved to be a much more complex purchase than we had anticipated and we were very glad she was there in our corner. A charming person to deal with and her services were great value for money.


reginald docherty
07 Jan 2025

Saranya Arun

Sajith from Eric robinson solicitors handled our case with the utmost professionalism and care. We are thankful for his exceptional legal service throughout the journey of purchase. I highly recommend.


customer
02 Jan 2025

Very good experience, highly recommend Sajith

Sajith Pillai was very helpful and kept track of all proceedings very diligently. He was proactive in communicating challenges and potential risks which helped us plan ahead with confidence. We had really tight timelines and complexities which was dealt with professionally. Thank you to Sajith and Eric Robison group for all the support to get our home ready in time.


Bharath Nair
25 Dec 2024

Sajith Pillai from Eric Robinson…

Sajith Pillai from Eric Robinson Solicitors provided an exceptional service from the beginning till the end of the whole transaction. Even though there were some unforeseen delays from sellers side, Sajith always kept me updated about the progress and was chased through relevant parties for quick closure. Also Sajith was always available for a call to clarify any doubts/questions. Thank you Sajith & Team.


Jaimy Jose
21 Dec 2024

5 star firm Emma Gillespie

Very good firm. Emma Gillespie was very professional and got my sell and purchase competed in good time. Thanks again


Lloyd Lemarechal
View all reviews

Book a free family law consultation

This field is for validation purposes and should be left unchanged.

Why choose Eric Robinson Solictors?

  • Straightforward jargon free advice that is tailored to your specific needs
  • Cost effective legal services that give you peace of mind
  • Providing expert and trustworthy legal advice for over 60 years
  • 6 offices located throughout Hampshire and London