Family Law FAQs

It is important to try to agree arrangements amicably for the children if you separate from their other parent. There is no need for a court to make an order in relation to the children if you are able to agree the arrangements between you.

In fact, the court has a principle of ‘non-intervention’ in respect of the arrangements for the children and they will not make an order unless they feel that it is in the children’s interest for them to do so.

The court will not get involved at all usually unless one parent makes an application to the court for a specific order to be made to resolve the arrangements for the children.

There is no one right answer as to what contact arrangements should be on separation. Much will depend on the working arrangements of the parties, the ages of the children, the children’s school and other commitments and the location of the parent’s homes.

Generally speaking the older the child is the more input they should have into the arrangements. The contact that the child has with their parents should be regarded as a priority to other commitments. The most common arrangements for contact often focus on the children spending alternate weekends with each parent, sometimes supplemented with additional mid-week contact in the intervening period. This gives both parents the opportunity to spend quality time with the children but also to have some independent time.

Parents may also wish to consider what arrangements they wish to put in place for holidays, Christmas and special days such as birthdays, Mother’s day and Father’s day.

If you are unable to reach an agreement in relation to the arrangements regarding your child on separation either parent may make an application to the court for the court to determine issues such as with whom the child should live, how much time they spend with the other parent and specific issues such as what school the child should go to, what religion they should be raised in and if consent to medical treatment should be granted.

The judge or magistrates will hear what the parties have to say and will often instruct a CAFCASS officer to speak to the children concerned to ascertain their wishes and feelings and to consider any welfare issues. The CAFCASS officer will also speak to the parties and make recommendations to the court in a report.

The court will encourage the parties to continue to try to resolve matters by agreement throughout the court process but if this is not possible the judge or magistrates will make a decision on the issue in dispute and make a court order to confirm this.

You do not need to have a formal agreement regarding the arrangements for the children when you separate although it is a good idea to agree matters such as where they will live, how much time they will spend with the other parent and what child maintenance will be paid to support the children.

Some couples do find it is helpful to keep a written record of exactly what is agreed however so that this can be referred to by both parties.