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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Based on 580 reviews
12 May 2026

Eric Robinson Solicitors, solid choice.

Eric Robinson Solicitors has a solid reputation for providing efficient and competent legal services, without inflated pricing. We favoured them when choosing a conveyancing solicitor for the sale of our property and purchase of a new home. Miya Smith at the Winchester office guided us through the process efficiently and with great care, bringing a laser like focus and dealing promptly with a range of issues. We decided not to proceed with one property following the survey and switched to another. The change of direction was accommodated smoothly and between the two properties a wide range of issues were highlighted to us, together with clear options and recommendations. One property had land attached and the services of a commercial land specialist were available when required. We felt well informed about the issues revealed and able to proceed with our eyes open. We are now in our new home and grateful for the very professional service provided. Our particular thanks go to Miya who enhances Eric Robinson’s reputation. Highly recommended.


Ian Freeth
11 May 2026

Chantelle Bennett was my solicitor for…

Chantelle Bennett was my solicitor for the sale of our house and for the purchase of our new house, I found her and her colleague ( Megan ) to be extremely professional, pleasant , helpful and aslo kind 🙂 would highly recommend and would definitely use for anything I need in the future, Thank you Both , Jerry


Gerard
07 May 2026

Great service

Great service from start to finish. We used Miya at Eric Robinson to carry out the services of the sale of our house she/they provided a competitive quote and reassurance, Miya kept in contact with regular updates and some good advice and guidance along the way with selling our first house. I would highly recommend them and Miya’s services! Thanks again!!


Lawrence Griffiths
07 May 2026

Very helpful and efficient service

I would recommend Eric Robinson Conveyancing Department without hesitation. Sarah and Charlie provided a very helpful and efficient service.


AB, Hampshire
03 May 2026

Excellent support from the team at Chandlers Ford

The team and Chandlers Ford stepped in very quickly to help me resolve an issue with Land Registry. There knowledge and action brought this to a conclusion. Subsequently we have had the support of the team in drafting wills. We have been very happy with the comprehensive advice and efficient action. Many thanks


a neilson
02 May 2026

House Sale

House sale . Emma and Megan were really helpful , professional and efficient. After an initial hitch with the online form filling all went smoothly. They ensured a smooth sale process and ably dealt with issues raised by our buyers solicitors. Communication was prompt and we were always kept up to date. All in all highly recommended. Thank you both. Linda and Wendy


Linda Powell
12 May 2026

Eric Robinson Solicitors, solid choice.

Eric Robinson Solicitors has a solid reputation for providing efficient and competent legal services, without inflated pricing. We favoured them when choosing a conveyancing solicitor for the sale of our property and purchase of a new home. Miya Smith at the Winchester office guided us through the process efficiently and with great care, bringing a laser like focus and dealing promptly with a range of issues. We decided not to proceed with one property following the survey and switched to another. The change of direction was accommodated smoothly and between the two properties a wide range of issues were highlighted to us, together with clear options and recommendations. One property had land attached and the services of a commercial land specialist were available when required. We felt well informed about the issues revealed and able to proceed with our eyes open. We are now in our new home and grateful for the very professional service provided. Our particular thanks go to Miya who enhances Eric Robinson’s reputation. Highly recommended.


Ian Freeth
11 May 2026

Chantelle Bennett was my solicitor for…

Chantelle Bennett was my solicitor for the sale of our house and for the purchase of our new house, I found her and her colleague ( Megan ) to be extremely professional, pleasant , helpful and aslo kind 🙂 would highly recommend and would definitely use for anything I need in the future, Thank you Both , Jerry


Gerard
07 May 2026

Great service

Great service from start to finish. We used Miya at Eric Robinson to carry out the services of the sale of our house she/they provided a competitive quote and reassurance, Miya kept in contact with regular updates and some good advice and guidance along the way with selling our first house. I would highly recommend them and Miya’s services! Thanks again!!


Lawrence Griffiths
07 May 2026

Very helpful and efficient service

I would recommend Eric Robinson Conveyancing Department without hesitation. Sarah and Charlie provided a very helpful and efficient service.


AB, Hampshire
03 May 2026

Excellent support from the team at Chandlers Ford

The team and Chandlers Ford stepped in very quickly to help me resolve an issue with Land Registry. There knowledge and action brought this to a conclusion. Subsequently we have had the support of the team in drafting wills. We have been very happy with the comprehensive advice and efficient action. Many thanks


a neilson
02 May 2026

House Sale

House sale . Emma and Megan were really helpful , professional and efficient. After an initial hitch with the online form filling all went smoothly. They ensured a smooth sale process and ably dealt with issues raised by our buyers solicitors. Communication was prompt and we were always kept up to date. All in all highly recommended. Thank you both. Linda and Wendy


Linda Powell
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