When parents separate, the welfare of their children is of the utmost importance. Issues such as who will the children live with and what arrangements need to be made to ensure the children are able to spend time with their absent parent will inevitably arise.

It is usually best for the separating parents to work together to come to an arrangement the suits both parties and is in the interests of their children. Parents should consider a Parenting Plan and a useful website for more information on this is www.cafcass.gov.uk.

Unfortunately, it is not always possible for separating couples to agree about what is best for their children. They might disagree over which parent the child should live with or what the contact arrangements should be.

Family Mediation

When communication breaks down between separated parents, a mediator can help them to find a resolution. A mediator is an impartial and independent person who works with both partners to help them find a suitable agreement.

A significant requirement is in force from 6th April 2011: a Mediation Assessment is required for separating parents before going to court.

Going to Court

In cases where mediation is unsuccessful, the courts can assess what the contact and residence arrangements should be for a child.

What Orders Are Available?

Different court orders are available, depending on the particular circumstances of the case, including:

1. Child Arrangements Order

This order stipulates where the child lives and how much time they will spend with each parent.

2. Specific Issue Order

This order relates to a specific aspect of a child’s upbringing which parents are not able to agree on, such as which school the children should attend.

3. Prohibited Steps Order

These orders restrict a parent’s exercise of their parental responsibility. These orders are protective in nature, like an Injunction, and can be useful to prevent a parent from attending at a child’s school or preventing a parent from removing a child from the other parent.