Advice for Separating Parents

Separating parents must navigate a range of legal and practical issues to ensure the best outcomes for their children. Here is a guide of just some of the things separating parents may need to consider.

Focus on the Children’s Best Interests

In England and Wales, the paramount consideration in any Court decision regarding children is their welfare. The Children Act 1989 establishes that the child’s best interests must guide all arrangements.

Parent should keep this principle in mind when negotiating childcare arrangements and other decisions. 

Communicate and Collaborate

Effective communication is key to successful co-parenting. Although emotions may run high, strive to maintain respectful and clear communication with your ex-partner. This reduces conflict and helps create stable arrangements for your children. 

• Use neutral language: Keep conversations focused on practical matters rather than past grievances. 
• Set boundaries: If direct communication is too challenging, consider using written methods like email or messaging apps designed for co-parenting. 

Agree on Child Arrangements

Parents are encouraged to agree on where the children will live and how much time they will spend with each parent. These agreements should prioritise the children’s routines, stability, and relationships with both parents. 

• Informal Agreements: If both parents can agree amicably, there is no need for Court involvement. Documenting the arrangement in writing is advisable, even if it’s not legally binding. 
• Parenting Plans: A Parenting Plan is a written agreement outlining responsibilities, living arrangements, holidays, and more. Templates are available from organisations such as CAFCASS (Children and Family Court Advisory and Support Services). 
• Consent Orders: If parents want their agreement to be legally binding, they can apply for a Consent Order through the Court. Bear in mind, though, that the Family Court has a “No Order Principle”; meaning that no Order will be approved by the Court unless it is necessary. 

Mediation

If separating parents cannot agree, mediation is a useful tool. Mediation involves an independent professional helping both parties reach an agreement. Mediation is typically quicker, less stressful, and less expensive that Court proceedings. 

Understand Financial Obligations

Both parents are legally responsible for financially supporting their children. If the children live predominantly with one parent, the other may need to pay child maintenance. 

The Child Maintenance Service can calculate payments based on the paying parent’s income. Parents can also agree on a private arrangement, if it meets the child’s needs. 

Consider Long-Term Co-Parenting Arrangements

As children grow, their needs will change. Parenting should remain flexible and open to revisiting arrangement to adapt to new circumstances, including the child’s preferences. Regularly review and update agreements to ensure they continue to serve the child’s best interests. 

Legal Advice

While many parents can reach agreements amicably, legal advice is essential if disputes arise or if complex issues are involved, such as: 

• Disputes over child arrangements and Parental Responsibility.
• Concerns about a child’s safety.
• Property and financial settlements.

A solicitor can provide tailored legal advice and guide you through the legal process. 

Court as a Last Resort

Applying to the Court for a Child Arrangements Order may be necessary, if parents cannot agree on what is in their children’s welfare best interests. The Family Court’s decisions will be based on the welfare checklist outlined in the Children Act 1989. 

If you feel you would like advice on separation and child arrangements, please get in touch via our contact page or contact Sigourney Lee-Smith direct (01295 204009 or slee-smith@se-solicitors.co.uk).