I Have Separated From My Partner – How Do I Get To See My Children?

In her latest Timms Blog, Family Law Solicitor, Leonnie Watson, discusses separation and seeing your children….

The end of a relationship is never easy even if you are on speaking terms. When you have children together it can be even harder. Sometimes parents simply can’t agree on the arrangements for the children, at other times they make allegations against each other.

Separation & Seeing Your Children – Do I Need To Have A Court Order?

The answer really depends upon whether or not you can reach an agreement with your former partner. If you are able to reach an agreement then, no you don’t need to have an order. In fact, the “no order principle” states that Family Court should not make an order in these circumstances.

Even if you can’t initially agree the time that your children will spend with each of you, it is a good idea to at least attempt to agree some of the matters. This will reduce the conflict between you and mean that the time and effort needed to reach an overall agreement is likely to be less. It is also tends to make things easier for the children. You could try to do this with the help of solicitors. Of course, you can also save a lot of money by not having to go to Court.

If you reach an agreement you can have an order by consent if you both agree to this and the Court are happy it is in the children’s best interests and that there is a need for there to be an order. Having such an order will ensure that you both understand what the arrangements should be, providing certainty and stability particularly for the children.

If you decide not to have an order, it is still a good idea to put the agreement in writing. After what can be lengthy discussions, understandings of an agreement can easily be confused. You may both think that you have agreed to something different.

We Still Can’t Agree Matters – Now What Do I Do?

If you are having difficulty in discussing the arrangements with your ex direct then you could try the mediation route. An independent mediator will help you both, through meetings, to decide what is in the best interests of your children. Proposals put together during mediation can be recorded in writing or made into a Court order as set out above.

If you really can’t reach any agreement then your only option may be to make an application to Court for a Child Arrangements Order. The Court will then decide the arrangements for the children. This can include who the children should live with and the time that they should spend with the other parent. In some families, this can be to look at whether there should be a shared care arrangement so that the children live with both of you. Sometimes, this isn’t a quick or straightforward option and legal advice should be sought if it’s something you’re considering.

If you have any questions on this matter, or any other family law issues please do not hesitate to contact me on 01283 214231 or via email at l.watson@timms-law.com. Alternatively, you can visit the family law page of our website here.