Divorce and separation does not just affect the two people who have decided to go their separate ways. Minimising the effects of the relationship breakdown on children is a priority for parents.
What you need to consider in relation to arrangements for your children after you separate
When you divorce, you and your partner should try and reach an agreement regarding the arrangements for your children so as to formalise arrangements to include where your children will live and how much time they are going to spend with each parent.
You may have heard the term “child custody” or “access” relating to arrangements for children after their parents divorce or separate. The terms “custody” and “access” in family law have been replaced over the years with various other terms, and are now encompassed in the term “child arrangements”.
It is always advisable to seek out support to help you and your children through the process of separation. You may find the following link helpful Parenting through separation | Resolution
Agreeing the arrangements for your children
If you can reach an agreement, the arrangements can be detailed in a “Parenting Plan” for you both to sign. A solicitor can help put arrangements in place for the future care of your children.
A mediator, ideally specialising in family law, can also help you agree the future arrangements for your children. This link will help you understand more about mediation and how it can help you. Family mediation | Resolution
If you agree the arrangements for the care of your children, you do not need to put the agreement in writing, nor will the court require details of your agreement. You can agree the arrangements and move forward with that agreement; it is not essential for lawyers and/or the family court to be involved.
Children can sadly become embroiled in disputes between their parents and this often has a detrimental impact on their emotional well being and long term outcomes. Some parents ask for help in assisting their children come to terms with the breakdown in their relationship. The following link can provide further information for parents regarding this Children and the law | Resolution
Court applications regarding your children
Wherever possible, parents should try and work together to agree future arrangements for their children, however, this can prove difficult in some cases and there may be instances where one parent is trying to reach an amicable arrangement yet the other parent is not onboard with reaching a fair and reasonable outcome.
If you are unable to reach agreement directly or with the assistance of a solicitor or mediator, you may need to apply to the family court for a Child Arrangements Order. If you do make an application to the family court, you are required to submit a signed certificate issued by a mediator (called a “MIAM” certificate), unless an exemption applies.
