Introduction
Separation is never easy, and when there are children involved, this can be even more emotionally charged. As family solicitors, we see the challenges that separating parents face. We assist in navigating these difficulties to ease the transition for the whole family, not least the children. As a member of Resolution, we follow a Code of Practice which promotes a constructive approach to family issues, supporting and encouraging families to put the best interests of any children first. As part of ‘Good Divorce Week 2025’, run by Resolution, we have set out some practical tips for separating parents.
The children's wellbeing
The law is clear. The welfare of the child is paramount. In particular:
- Keeping children out of parental conflict
- Ensuring they do not feel like they have to take sides
- Reassuring them that they are loved by both parents
- Maintaining stability, consistency and routine
Get in touch
Communication
Whilst the relationship may be strained and difficult on separation, communicating calmly and with respect is essential. Written communication may help keep the tone calm and considerate. There are parenting apps where more structure and boundaries are required. It is always best to have any difficult conversations away from the children and it is important that no-one speaks negatively about the other parent, in front of the children.
Most parents have Parental Responsibility automatically, either by way of marriage or being named on the child’s birth certificate. This means that any important decisions for the children, such as health, education, religion etc. are to be discussed and agreed by both parents.
Court is a last resort
The Family Court now require all parties to consider alternatives to Court from the outset, (Non-Court Dispute Resolution) such as mediation, arbitration, or a collaborative law approach. All of these methods can be highly effective in assisting separating parents in reaching an agreement. These are often more cost effective and less stressful than Court proceedings. They offer the parents a chance to agree arrangements which work for them and their children, rather than having a Judge make those decisions for them. Reaching an agreement outside of Court often promotes better communication between parties.
For older children, there is also child inclusive mediation, which allows for the children’s wishes and feelings to be considered and heard by a mediator, which can then be discussed in mediation.
Where an agreement is reached outside of Court, it is sensible for those arrangements to be recorded in a Parenting Plan. A Parenting Plan is a written agreement, dealing with all areas regarding the children, which is then signed by the parties. Whilst a Parenting Plan is not legally binding, it can reduce misunderstandings and reduce conflict in the long term.
Flexibility
It is important that arrangements are reviewed and approached with a degree of flexibility. Circumstances, and the children’s needs, change over time. It may be necessary for the arrangements to adapt with these changes.
How we can help
As family solicitors, our role is not just to advise on the law, but to help families move forward with compassion and care. If you’re separating, and you have children together, it is helpful to seek independent legal advice to understand your legal rights and options from the outset to make an informed decision and provide clarity.
We have years of experience dealing with these matters and we’d be happy to offer a 30-minute consultation to discuss matters further. For more information and advice please contact Alex Haworth and the Family team.
The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
Law Firm of the Year
We are proud to have been named Law Firm of the Year at the prestigious Legal Business Awards 2024!
Legal Business is the market-leading monthly magazine for the UK and global legal market. Its readership spans the UK, Europe, Asia and the US, and the awards celebrate the very best in the legal profession.
This win is absolute recognition for all the hard work across the firm over the past year.
Contact us today
Whatever your legal needs, our wide ranging expertise is here to support you and your business, so let’s start your legal journey today and get you in touch with the right lawyer to get you started.
Get in touch
For general enquiries, please complete this form and we will direct your message to the most appropriate person.