"What should I do if we have children and we are separating?"

If you and your partner have children and your relationship breaks down, you will want to find the best solution for the entire family. You will certainly need to consider the practical arrangements such as where the children are going to live or how much time they will spent with each parent. 

There may be concerns over your child’s welfare and what kind of support your child needs to be able to adjust to your separation.


What is parental responsibility?

There may also be questions over who has parental responsibility when it comes to making big decisions in your child’s life. Where both parents have parental responsibility, each can usually exercise it unilaterally even after separation, save in exceptional cases where both parents’ consent may be required.

There are many myths surrounding children and separation. We often get asked: ‘Will I only get to see my kids every other weekend? Will my children automatically live with their mother? Or can I get a house out of my ex for me and my children?"

The answers very much depend on your family circumstances. Each family is unique and needs the individual solution that works best for them. 

It is obviously hoped that two parents with parental responsibility will be able to agree on the practical arrangements for their children. Families should always be encouraged to resolve any issues as amicably as possible. If you, as parents, can agree arrangements and there is no risk of harm to the children, the courts will not get involved. If you cannot reach an agreement, there are steps you can take. The first step would usually be to try family mediation. If an agreement cannot be reached, ultimately any dispute can be resolved through arbitration or by the court.

Expert legal advice

For more information or an informal chat about your next steps, contact us on 0344 326 0450 or email us.

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