Advice on Managing Divorce if you Have Children
You know your children better than anyone else, and as a parent, you are best placed to make important decisions about their care and wellbeing. But there may be times you need additional guidance and support regarding divorce with children.
If you’re getting divorced, separating, or your cohabiting relationship is ending, our divorce solicitors can advise you on a wide range of issues relating to your children. As far as possible, we can help you reach an amicable agreement in your children’s best interests. Where this is not achievable, we can apply to the courts for appropriate orders on your behalf.
Our divorce and family law solicitors in Chesterfield, Sheffield, Dronfield and Mansfield are here to support and guide you every step of the way.
Legal Advice and Support with Family Matters
We know that when relationships break down, it can put a lot of pressure on you and your family. Our expert family law solicitors are highly experienced and ensure every individual receives the utmost care and consideration throughout their case.
- Tailored legal advice based on your individual family circumstances
- Support in reaching constructive and non-confrontational settlements where possible
- Guidance and advice from Resolution accredited specialists
- Clear information about funding options and fixed fee packages
- An early indication of the likely level of legal costs
Remember: Advice from friends and family is often well-meaning, but it may relate to very different situations and can unintentionally create false expectations. Always seek professional guidance from a family law specialist, like Banner Jones.
Child Arrangement Orders
Child Arrangement Orders (CAO) replaced the previous "Residence" and "Contact" Orders on 22nd April 2014. This change encourages parents to focus on the practical arrangements for their children instead of legal labels.
A Child Arrangement Order is a legal document that regulates:
- Who a child lives with, spends time with, or otherwise has contact with
- When a child lives, spends time, or has contact with another person
If you are seeking advice from our family law solicitors in Sheffield, Chesterfield, Dronfield or Mansfield, we can help you resolve the two main issues parents encounter: where a child will live and how much time they will spend with the parent they do not live with.
Who the child / children live with
If you and your partner cannot agree on where your child should live, the court will make a decision based on the child’s welfare needs and best interests. While courts rarely separate siblings, they will do so if it clearly benefits the children.
Courts are now frequently granting “joint” or “shared care” orders. These include a “residence” element, which means the child effectively has two homes. The court can specify exactly when a child lives with each parent (such as during school terms or holidays) or provide a general outline if they believe both parents can agree on the details themselves.
A Child Arrangement Order (CAO) with a residence element legally prevents anyone from:
- Changing the child(ren’s) name(s)
- Taking the child(ren) out of England and Wales for more than 28 days/1 month
- Permanent removal of the child(ren) from England and Wales
- Consenting to the child’s adoption without the agreement of everyone who holds Parental Responsibility
When a child spends time with you both
This part of the order settles when a child spends time with the parent they do not live with. These arrangements were previously known as “contact” or “access”. You do not need a court order to spend time with your child if both parents agree on the arrangements.
However, if the parent the child lives with makes it difficult for you to see your child, and mediation has either failed or is not suitable, you can apply for an order to secure this time. Navigating a divorce with children can be challenging, and our family law team is here to help you establish a routine that works for everyone.
Different forms of contact
Staying in touch can happen in many ways, including:
- Letters and emails
- Phone calls
- In-person visits
- Overnight stays
If the court has concerns about the level of care a parent can provide, it may order supervised or supported time. Supervised contact means another adult is present throughout the visit to ensure the child remains safe.
Changing circumstances
As your and the child(ren’s) circumstances change, original arrangements may no longer be suitable. Children might decide they no longer wish to visit the other parent, typically because they want to spend time with friends, or because the introduction of new partners and step-siblings has changed how they feel.
If your child(ren) struggle to follow an existing order, we recommend investigating the reasons and communicating with the other parent where possible. Dealing with changes quickly is better than letting the situation escalate, as ignoring a court order can lead to legal penalties.
We suggest talking to the other parent first to make any necessary adjustments, as this is the most effective way to change arrangements. If communication is difficult, our specialist family law solicitors can support and advise you through this process. If you still cannot reach an agreement, you may need to apply to the court to vary the existing order. We can help you clarify why this change is necessary and assist you with the making of a court application.
Specialised Support for Complex Family Situations
Child Abduction
If you are concerned that a parent may take your child abroad without your consent, you must act quickly. We provide urgent legal advice to help prevent unlawful removal from England and Wales or to assist in a child's safe return.
Parental Alienation
A child’s wellbeing should always come before conflict between parents or carers. If one parent / carer is negatively influencing a child’s relationship with another, we can advise you on what legal steps can be taken.
Grandparents’ Rights
Grandparents often play a vital role in their grandchildren’s upbringing, yet they do not hold automatic legal rights to see them. We can help you apply for court permission to secure a formal arrangement to maintain your relationship.
Why choose Banner Jones?
1. Extensive expertise in family law
We have significant experience in all aspects of family law. Whether you are managing a divorce or child arrangement orders, our family law specialists handle every matter with the utmost sensitivity and care.
2. Dedicated support for your family
Every family is unique, and navigating the legal system can be complex. We make the process straightforward and hassle-free, providing the dedicated support you need to reach a positive resolution for your family.
3. A focus on clear communication
Clear communication is vital during legal proceedings. Our family law team provides excellent service and compassionate support, which is why 97% of our clients say they would recommend us to a friend or relative.
4. Nationally recognised legal excellence
We are recognised as a “Leading Firm” by the UK Legal 500 for seven consecutive years. Our expert solicitors help families across South Yorkshire, Derbyshire, and Nottinghamshire navigate their legal journeys with confidence.
5. Transparent and fixed-fee pricing
We offer fixed-fee packages where possible to ensure there are no hidden costs. Our family law solicitors explain everything clearly from the start, so you have complete financial peace of mind while we help your family.
How soon can I file for a divorce?
You can get divorced in England or Wales if all of the following are true:
- you’ve been married for over a year
- your relationship has permanently broken down
- your marriage is legally recognised in the UK (including same-sex marriage) Speak to one of our divorce solicitors to ensure you meet the legal criteria.
What am I entitled to in a divorce?
The aim when sharing out matrimonial assets is to be fair. Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work. Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party. Our family law Chesterfield team can guide you through this process.
Will we have to go to court during our divorce?
In many cases, the answer is no. Under the no-fault divorce system in England and Wales, the legal process of ending a marriage is largely administrative and is usually dealt with online and through the court system without the need for either party to attend a court hearing.
However, while the divorce itself may not require a court appearance, disputes relating to finances, property or arrangements for children can sometimes result in court proceedings if an agreement cannot be reached. In many cases, these issues can be resolved through negotiation, solicitor-led discussions, mediation or other forms of dispute resolution, avoiding the need for a final court hearing.
Are parenting and financial arrangements part of a divorce?
These are separate legal issues and are not automatically covered by the divorce itself. You must reach a separate agreement regarding child arrangements and the division of assets. If you cannot agree, mediation is often required before seeking a court decision. Our family law solicitors in Sheffield, Chesterfield, Dronfield and Mansfield can explain the best options for your circumstances.
How does a judge decide which parent a child lives with?
The judge prioritises the best interests of the child above all else. The court considers several factors, including the child’s own wishes and feelings (age dependant) and the ability of each parent to provide a stable, supportive environment. We help you present a clear case that focuses on your child’s wellbeing.
Can a child live with both parents on a part-time basis?
Yes, this is a common arrangement. If parents agree to share care, the court will almost always approve the plan. If you can’t reach an agreement, the court will step in to determine a schedule that serves the child’s best interests. Our family solicitors in Sheffield, Chesterfield, Dronfield or Mansfield can help you draft these agreements.
Will I lose touch with my children?
The law encourages both parents to play an active role in their children's lives. If problems arise, mediation is an excellent way to resolve disputes and maintain a healthy relationship. Our family law solicitors provide expert advice on Shared Care Agreements and "Live With/Spend Time With" orders to protect your parental bond.
What is a Parental Responsibility?
Parental Responsibility covers the legal rights and duties regarding a child's welfare and education. While parents can make day-to-day decisions independently, major choices – such as schooling, medical issues or travelling abroad – require mutual consent. If a child is taken out of England and Wales without permission, we can assist with emergency court applications for their safe return.