How do we decide what will happen to the children after a separation or divorce?

You, as the children’s parents, are the best people to decide the most appropriate arrangements for them once you separate. Studies show that it is the conflict between parents that is most damaging to children, not the separation itself. If you cannot agree what is in the best interests of the children then there are a number of avenues open to you.

Mediation is often a good way of seeking to resolve the arrangements for the children, as it enables you both to be at the centre of the discussions and to actively shape the agreement you ultimately reach. Mediation is not suitable for every case however.

It may be that solicitor-led negotiations would be more appropriate in your case or that you would like to be supported by a solicitor during your negotiations. If so, a Collaborative approach or a series of round table meetings which you, your partner and your respective legal advisers attend could be a suitable way forward.

Unfortunately there are a number of children cases where none of the above methods are successful and/or appropriate, in which case an application can be made to the court for a Child Arrangements Order. The divorce and separation lawyers at Birkett Long have a great deal of experience in such court proceedings.