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.
Mrs L, HaslandDivorce
You can't begin to imagine how grateful I am to you. You have been matter of fact rather than thinking about the earning potential. You are a lovely women so thank you so so much.
Mr W, SwintonI would like to say a big thank you for your understanding at a very stressful time. You not only acted professionally but with great compassion. My family can not say in words how difficult a time we are having, and it means so much to have just a little kindness. No matter what the outcome today, you did a wonderful job.
Mr G, StaveleyYou were very helpful and sympathetic whilst dealing with my case and your knowledge and advice was excellent. Once initiated, my case was dealt with speed, professionalism. Good contact and communication was maintained throughout.
Mrs B, BoythorpePeter Jones is a very good solicitor, and helped and advised me to do what was best. He does not pressure you into taking his advice.
Mrs D, GrassmoorAbsolutely brilliant service. Thank you so much!
Miss M, ChesterfieldBanner Jones Solicitors provided an excellent service in what was a slow and difficult divorce matter. The advice and persistence was very reassuring and eventually led to a good outcome.
Mrs W, MansfieldVery efficient, friendly and professional. We would definitely recommend to friends and family. They made the whole experience problem free.
Mr C, DronfieldVery easy to make appointments, very personal service from all people at Banner Jones, my solicitor was very friendly and put me at ease. If I needed a solicitor again, Banner Jones would be the first on my list.
Mr & Mrs D, MansfieldCannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.
Mr W, NottinghamshireService provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.
Mr F, ChesterfieldWe would like to thank you for all your help over the last few months and are relieved that's its all over. The children are happy to be back home with mum and have started to settle back down.
Mr C, ChesterfieldI just want to say thank you for your help and support with everything regarding my daughter It's just given me so much peace of mind, knowing that I had you representing me, and was prepared around all aspects of the case. Today has just allowed me to put the last few months behind me, and move forward with my life as a whole after a bad year. I can't wait to start spending some real, quality time with my daughter again, and actually get to watch her grow up.
Ms B, ChesterfieldDear Peter, thank you for everything, especially your time in supporting me and most of all making me see sense.
Miss GA very big thank you to Peter Jones for the support, advice and guidance that you have given us over the last few months. Without fail, you have pitched your manner exactly right on each occasion, and I believe that you have definitley gone the extra mile and on more than one occasion!
On a personal note, I just wanted to thank you for guiding me towards the right decisions to help my daughter when my emotional involvement overshaddowed my commonsense! Amazing work!
Miss M, ChesterfieldThank you Peter for getting my baby back I won't ever forget you and what you did for us.
Women's refugeIn the 2021 guide Shetal received this testimonial from a women's refuge;
‘Shetal Gudgeon has a long history of working with women fleeing domestic abuse. We recommend her to our residents because we like the manner and tone of voice she uses when communicating with our women. She makes them feel valued and important. She shows empathy and respect. This is something some of our women have never experienced. Our women need a certain kind of person as they have fled domestic abuse, lost their homes and sometimes children. They have complex needs and are dealing with trauma.’
Previously recognised as a recommended Family Lawyer in The Good Lawyer Guide – the independent guide to solicitors in England and Wales –She is well known for providing clear and practical advice described as “second to none” and leaving “no stone unturned”. She has also been described as “professional”, “welcoming” and “empathetic”. Shetal works closely with her contacts such as charities in the areas of domestic violence and sexual abuse.