We’re separating, what happens if we can’t agree arrangements for our children?

Q: My partner and I are separating, we have two children, age 7 and 5. We can’t agree when they should spend time with each of us, what should we do? 

A: Initially, you should make every effort to agree arrangements between yourselves. This can either be done in discussions between you, or negotiations between your solicitors. If this is unsuccessful, you could attempt mediation.

Mediation involves an independent third party, known as a mediator, meeting with you and your ex-partner to identify issues of dispute. Mediators are trained to help resolve these issues in an effort to avoid going to court.

Family mediators will act impartially and avoid any conflict of interest – They are unable to offer any party advice as their role is to facilitate discussion.

If it is not possible to reach an agreement, despite every effort being made, then an application may be issued to the family court for a Child Arrangements Order.

The court will consider written evidence, statements and reports from you, your ex-partner and your solicitors. Depending on the issues involved the Children and Family Court Advisory and Support Service (CAFCASS) may be asked to prepare a report for the court.

Once all the evidence has been heard, if matters cannot be resolved by agreement then the court will make a decision on the best arrangements for your children based on the following factors:

• The ascertainable wishes and feelings of the children. (Considering their age and level of understanding)
• Their physical, emotional and educational needs
• The likely effect on them of any change in circumstances
• Their age, sex, background and any characteristics the court considers relevant
• Any harm which that have suffered or are at risk of suffering
• How capable each parent and any other relevant person is of meeting their needs
• The range of powers available to the court under the Children Act 1989

It’s important to make every effort to reach an agreement with your former partner, as the court proceedings result in the decision being taken out of your hands, which could result in an outcome that you may not be happy with.

Even if an application is made to the court, it still remains possible for both parties to resolve matters during proceedings and the court will encourage both parents to do so.

Janine Hutson is a solicitor in Harrison Drury’s experienced team of family and divorce lawyers in Lancashire and Cumbria. If you would like to speak confidentially to Janine about any family law matter, contact her on 01772 258 321.