Child arrangements and parent solicitors

About child arrangements and parenting

Relationship breakdowns are often emotionally charged situations and it is not unusual for one or both parties to have grievances with the other, which can make it more difficult to think clearly and objectively.

Whatever has happened, if you have children you will usually need to continue communicating and working together. Agreeing how to share responsibilities and support your child’s wellbeing will be an important next step. You will need to agree how best to split your parental responsibilities and ensure that their child’s emotional and physical wellbeing are protected in the future.

To negotiate and agree a private childcare agreement, both parties may need to consider:

• Where will the child or children live?
• How much time will they spend with each parent?
• Which school will they attend?
• How will decisions about their medical treatment be made?
• Will one parent receive additional financial support?
• Are there any other issues affecting the child’s day-to-day life?
• What if one parent wants to take the child out of the country?

With a private childcare agreement in place, the separating couple might wish to prepare a detailed parenting plan, which can be shared with the court if necessary and mitigate the risk of disputes arising in the future.

For unmarried couples, a parental responsibility agreement ensures an unmarried father or a second female parent, has clear legal status to make key decisions if they are not already on the birth certificate. Where there is doubt about who a child’s legal parent is, a declaration of parentage from the family court can provide certainty.

How our child arrangements and parenting solicitors can help

Our family law solicitors are experienced in child-centred family law and skilled at providing practical guidance and support to you and your family.

For most separating parents, it is better – and often kinder for children – if childcare arrangements can be agreed between you, rather than imposed by a court. When you do reach an understanding, our family law solicitors can help you write it down clearly so everyone knows where they stand and nothing important is overlooked.

If talking things through is difficult, we can bring our in-house accredited family mediators to help you find common ground and keep the focus on what works best for your child day to day. Mediation and negotiation often allow parents to agree practical, child‑centred arrangements without starting court proceedings. Where disputes still can’t be resolved, our team will prepare the necessary court papers, make the application on your behalf and guide you through each step so your child’s needs remain at the heart of any decision.

Your concerns about child arrangements and parenting

Q: Should I involve my child in negotiations with my spouse?

Childrens’ wishes and feelings should be considered, and those are given more weight as the children get older but a huge amount of care needs to be taken, especially around how wishes and feelings are recorded.

Q: Our son is separating from his wife, but as grandparents to their children, we would like to maintain regular contact with them, what should we do?

Whilst there is no automatic legal right for you to see your grandchildren post-separation, there is a lot you can do. Firstly, try having an honest conversation, and you can also try tomake your wishes known through mediation, which is voluntary for all parties to get involved in should they be willing. You should focus on suggesting ways you can make life easier for your son and his spouse that will allow you to spend time with your grandchildren. If all else fails, you could apply to court for a Child Arrangement Order, but you would have to ask permission of the court first.

Q: What is a parenting plan?

When a couple are separating and they have a child or children, a parenting plan is sometimes prepared to set out co-parenting arrangements before and after the split. Covering all aspects of the child or children’s life, a parenting plan is a detailed document, which can be disclosed to the court in the event of a dispute. Guidance on preparing a parenting plan is available from Cafcass here.