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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Eric Robinson solicitors provided excellent service when I updated my will. Kelly Smith was professional and knowledgeable whilst remaining friendly and approachable. I was kept fully informed of progress and the process was completed swiftly and efficiently. I highly recommend Kelly Smith and Eric Robinson solicitors Francis Sanders


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Hazzra recently helped me with the sale…

Hazzra recently helped me with the sale of my property, and I could not recommend instructing Hazzra enough! Hazzra was professional, thorough and extremely organised from the very beginning. I did not have to chase Hazzra once throughout the entire process, her communication was excellent and she explained every step and in a really clear and concise way. Any questions I had were answered promptly and efficiently. Hazzra was kind, considerate and patient throughout the process. A big thank you to Hazzra for making this sale seem so much more stress-free than first anticipated!


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Excellent service…

Chantelle got the job done as professionally and quickly as possible despite other parties dragging their heels.


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Really pleased with the way that Hazzra…

Really pleased with the way that Hazzra Huxford dealt with the sale of my deceased mum’s house. Professional, responsive and generally top-draw. The responsiveness couldn’t have been better (and this is crucial in dealing with such matters), she was on it from the word go. Couldn’t have asked for more, and feel I lucked out having her do my convenancing.


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An excellent service.

My brother and me instructed Chantelle for the conveyancing of the property that had been the family home for 59 years. It was not a good time for us following the death of our father and our mother being moved to a nursing home. We chose Eric Robinson because we were very content with they way they were handling the probate for our father’s will. Throughout the process, Chantelle has been very courteous and helpful. She has helped to move things along nice and quickly despite what appeared to be the best efforts of the estate agent and buyers’ solicitor to hold things up. I cannot think of any negative points at all and woul highly recommend Chantelle to anyone looking for a conveyancing solicitor.


Mike Hoare
22 Sep 2025

Employment Issue

I had a small contractual issue to settle with my ex-employer, which Chelsea Marsh assisted me with. She was absolutely excellent; communication was flawless and she helped me to achieve my objectives. Would highly recommend.


Aaron B
09 Oct 2025

Excellent friendly service

Eric Robinson solicitors provided excellent service when I updated my will. Kelly Smith was professional and knowledgeable whilst remaining friendly and approachable. I was kept fully informed of progress and the process was completed swiftly and efficiently. I highly recommend Kelly Smith and Eric Robinson solicitors Francis Sanders


Frank Sanders
08 Oct 2025

Hazzra recently helped me with the sale…

Hazzra recently helped me with the sale of my property, and I could not recommend instructing Hazzra enough! Hazzra was professional, thorough and extremely organised from the very beginning. I did not have to chase Hazzra once throughout the entire process, her communication was excellent and she explained every step and in a really clear and concise way. Any questions I had were answered promptly and efficiently. Hazzra was kind, considerate and patient throughout the process. A big thank you to Hazzra for making this sale seem so much more stress-free than first anticipated!


Victoria
06 Oct 2025

Excellent service…

Chantelle got the job done as professionally and quickly as possible despite other parties dragging their heels.


Steve Hoare
03 Oct 2025

Really pleased with the way that Hazzra…

Really pleased with the way that Hazzra Huxford dealt with the sale of my deceased mum’s house. Professional, responsive and generally top-draw. The responsiveness couldn’t have been better (and this is crucial in dealing with such matters), she was on it from the word go. Couldn’t have asked for more, and feel I lucked out having her do my convenancing.


Paul Smith
24 Sep 2025

An excellent service.

My brother and me instructed Chantelle for the conveyancing of the property that had been the family home for 59 years. It was not a good time for us following the death of our father and our mother being moved to a nursing home. We chose Eric Robinson because we were very content with they way they were handling the probate for our father’s will. Throughout the process, Chantelle has been very courteous and helpful. She has helped to move things along nice and quickly despite what appeared to be the best efforts of the estate agent and buyers’ solicitor to hold things up. I cannot think of any negative points at all and woul highly recommend Chantelle to anyone looking for a conveyancing solicitor.


Mike Hoare
22 Sep 2025

Employment Issue

I had a small contractual issue to settle with my ex-employer, which Chelsea Marsh assisted me with. She was absolutely excellent; communication was flawless and she helped me to achieve my objectives. Would highly recommend.


Aaron B
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