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 517 reviews
29 Aug 2025

Miya Smith did an excellent job on the…

Miya Smith did an excellent job on the conveyancing for the sale of our farm. She was great at communicating and prompt at replying to our queries, speaking on the phone whenever that made the process simpler or faster. I would have no hesitation in recommending her to anyone looking for a professional and approachable solicitor.


customer
28 Aug 2025

Conveyancing (Sale and Purchase)

We instructed Eric Robinson (Sarah Hogarty) for the sale of our house and purchase of a new property. Sarah and the legal team were fantastic throughout the whole process. Professional conveyancing with clear communication.


Ryan Mead
27 Aug 2025

An exceptional experience

Emma Gillespie was brilliant when dealing with both the sale of my property and the purchase of our new house. She was meticulous, efficient and kept me informed of new developments every step of the way. I would not hesitate to recommend her and Eric Robinson Solicitors to anyone.


Sarah
22 Aug 2025

Bitterne Branch

I dealt with Michelle in the Conveyancing Dept. To say she is she is fantastic would be a vast understatement! I have worked with numerous solicitors over the years and never with one who was so proactive as opposed to being reactive. It was quite a lengthy chain but we were kept updated throughout and nothing seemed too much trouble. Could not recommend her services enough!


Trudy
19 Aug 2025

We are so impressed

We are in the process of buying our first home, my whole family have used eric Robinson in the past and I’m glad we have used them! Our solicitor Hannah has bent over backwards for me my husband and 2 girls, I can’t wait to give them their own rooms! This was my dream for them and I have actually achieved it! Im so thankful to Hannah for helping make it possible. Thank you 😊 x


Jenny Horwood
15 Aug 2025

Hazzra was absolutely outstanding – truly an asset to Eric Robinson!

I was amazed at how smoothly and quickly the purchasing process was handled. After a previous bad experience with another firm, where I had to pull out of a purchase due to poor service, I was honestly nervous to start again. But Hazzra completely restored my faith in the conveyancing process. From start to finish, she provided clear and continuous updates, ensuring I understood every step of the transaction. Her professionalism, efficiency, and genuine care made what could have been a stressful process feel effortless. Without a doubt, I will be requesting Hazzra for all future property purchases as well as recommending to friends and family. Thank you once again for your exceptional work – you’ve truly made this experience a pleasure!


izzy palmer
29 Aug 2025

Miya Smith did an excellent job on the…

Miya Smith did an excellent job on the conveyancing for the sale of our farm. She was great at communicating and prompt at replying to our queries, speaking on the phone whenever that made the process simpler or faster. I would have no hesitation in recommending her to anyone looking for a professional and approachable solicitor.


customer
28 Aug 2025

Conveyancing (Sale and Purchase)

We instructed Eric Robinson (Sarah Hogarty) for the sale of our house and purchase of a new property. Sarah and the legal team were fantastic throughout the whole process. Professional conveyancing with clear communication.


Ryan Mead
27 Aug 2025

An exceptional experience

Emma Gillespie was brilliant when dealing with both the sale of my property and the purchase of our new house. She was meticulous, efficient and kept me informed of new developments every step of the way. I would not hesitate to recommend her and Eric Robinson Solicitors to anyone.


Sarah
22 Aug 2025

Bitterne Branch

I dealt with Michelle in the Conveyancing Dept. To say she is she is fantastic would be a vast understatement! I have worked with numerous solicitors over the years and never with one who was so proactive as opposed to being reactive. It was quite a lengthy chain but we were kept updated throughout and nothing seemed too much trouble. Could not recommend her services enough!


Trudy
19 Aug 2025

We are so impressed

We are in the process of buying our first home, my whole family have used eric Robinson in the past and I’m glad we have used them! Our solicitor Hannah has bent over backwards for me my husband and 2 girls, I can’t wait to give them their own rooms! This was my dream for them and I have actually achieved it! Im so thankful to Hannah for helping make it possible. Thank you 😊 x


Jenny Horwood
15 Aug 2025

Hazzra was absolutely outstanding – truly an asset to Eric Robinson!

I was amazed at how smoothly and quickly the purchasing process was handled. After a previous bad experience with another firm, where I had to pull out of a purchase due to poor service, I was honestly nervous to start again. But Hazzra completely restored my faith in the conveyancing process. From start to finish, she provided clear and continuous updates, ensuring I understood every step of the transaction. Her professionalism, efficiency, and genuine care made what could have been a stressful process feel effortless. Without a doubt, I will be requesting Hazzra for all future property purchases as well as recommending to friends and family. Thank you once again for your exceptional work – you’ve truly made this experience a pleasure!


izzy palmer
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