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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26 Nov 2025

Eric Robinson Solicitors, WInchester

We recently had Miya Smith at Eric Robinson’s act for us with the sale of our late mother’s property and we cannot fault the service she and the team gave us. Diligent and professional throughout the process with everything excellently communicated to us. Would definitely use them again on this basis if and when needed.


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21 Nov 2025

Very professional friendly service.

Very professional friendly service. Emma and Meghan were organised and efficient and good value for money.


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Exceptional support and professionalism

I recently worked with Chelsea Marsh, and I cannot recommend her highly enough. From start to finish, Chelsea provided outstanding support, clear guidance, and consistently prompt communication. She handled my settlement agreement under a very short deadline and still delivered an incredibly thorough and professional service. Chelsea made the entire process far less stressful and ensured I understood every step along the way. Her expertise, patience, and straightforward communication were invaluable, and I am genuinely grateful for everything she did on my behalf. I would confidently recommend Chelsea to anyone seeking a solicitor who is both highly skilled and supportive.


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kye marshall
08 Nov 2025

I cannot fault the service I received…

I cannot fault the service I received from Eric Robinson bitterne branch. Samantha Gilby was our conveyancer and she was absolutely brilliant from beginning to end. Our purchase went from offer to completion in just under 11 weeks. She was so helpful and her communication was brilliant. I would highly, highly recommend.


Siân Andrews
05 Nov 2025

Superb personal support

I had recent dealings with Chelsea at Eric Robinson solicitors in relation to a workplace legal requirement I had. Initially I contacted 2 other local firms, but in-between feeling pushed upon, over quoted and slightly sidelined, I was fortunate enough to speak with Chelsea Marsh at ER. What a refreshing, professional and diligent service she provided from start to finish. Her advice was always neutral, never pushy, and she very clearly outlined options / understandings etc – meaning I was able to clearly make my own mind up in an unpressured way. The service was VFM, and Chelsea was always communicating any significant issues / questions etc. I strongly recommend.


Lee Braham
26 Nov 2025

Eric Robinson Solicitors, WInchester

We recently had Miya Smith at Eric Robinson’s act for us with the sale of our late mother’s property and we cannot fault the service she and the team gave us. Diligent and professional throughout the process with everything excellently communicated to us. Would definitely use them again on this basis if and when needed.


Andy Phillips
21 Nov 2025

Very professional friendly service.

Very professional friendly service. Emma and Meghan were organised and efficient and good value for money.


Mr Roy Bayntun
19 Nov 2025

Exceptional support and professionalism

I recently worked with Chelsea Marsh, and I cannot recommend her highly enough. From start to finish, Chelsea provided outstanding support, clear guidance, and consistently prompt communication. She handled my settlement agreement under a very short deadline and still delivered an incredibly thorough and professional service. Chelsea made the entire process far less stressful and ensured I understood every step along the way. Her expertise, patience, and straightforward communication were invaluable, and I am genuinely grateful for everything she did on my behalf. I would confidently recommend Chelsea to anyone seeking a solicitor who is both highly skilled and supportive.


LSEAGER
18 Nov 2025

Eric Robinson’s probate…

Having utilized Eric Robinson’s probate services, the level of expertise and service I received was excellent . Any queries or requests I had, were dealt with promptly and effectively. Highly recommended !!!


kye marshall
08 Nov 2025

I cannot fault the service I received…

I cannot fault the service I received from Eric Robinson bitterne branch. Samantha Gilby was our conveyancer and she was absolutely brilliant from beginning to end. Our purchase went from offer to completion in just under 11 weeks. She was so helpful and her communication was brilliant. I would highly, highly recommend.


Siân Andrews
05 Nov 2025

Superb personal support

I had recent dealings with Chelsea at Eric Robinson solicitors in relation to a workplace legal requirement I had. Initially I contacted 2 other local firms, but in-between feeling pushed upon, over quoted and slightly sidelined, I was fortunate enough to speak with Chelsea Marsh at ER. What a refreshing, professional and diligent service she provided from start to finish. Her advice was always neutral, never pushy, and she very clearly outlined options / understandings etc – meaning I was able to clearly make my own mind up in an unpressured way. The service was VFM, and Chelsea was always communicating any significant issues / questions etc. I strongly recommend.


Lee Braham
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