Children and Contact After Divorce
Key Takeaways:
- Dishonesty carries the most serious professional consequences — The Solicitors Disciplinary Tribunal (SDT) struck off Alison Clare Banerjee after finding she repeatedly misled both clients and the Employment Tribunal, including falsely claiming IT problems to excuse her conduct.
- Client consent is fundamental to legal representation — Banerjee accepted a settlement without informing or obtaining approval from her client, breaching the core duty to follow client instructions and act in the client’s best interests.
- Transparency maintains trust in the legal profession — The tribunal refused anonymity, emphasising that public confidence in solicitors depends on openness when serious professional misconduct is proven.
(Child Arrangements, Parental Responsibility and Contact Rights)
When parents separate or divorce, one of the most pressing concerns is what will happen to the children.
What Happens to the Children After Separation?
Parents often ask questions such as:
- Where will my child live?
- How often will I see my children?
- What if my ex-partner refuses contact?
- Do we need to go to court?
- Can child arrangements change in the future?
Our experienced family law solicitors help parents create practical, child-focused arrangements designed to provide stability while minimising conflict.
If you are beginning the separation process, you can also visit our Divorce Solicitors page for a full overview of the divorce process.
What Are Child Arrangements?
Child arrangements refer to decisions about where a child lives and how much time they spend with each parent.
In legal terms, these arrangements can be formalised through a Child Arrangements Order issued by the family court.
Child arrangements typically cover:
- Where the child primarily lives
- When the child spends time with the other parent
- School holidays and special occasions
- Communication such as phone or video calls
- Travel arrangements and holidays abroad
In many cases, parents are able to agree arrangements without the need for court proceedings.
For information about the broader divorce process, visit our Divorce Solicitors page.
Do Children Have to Live With One Parent?
Not necessarily. Modern parenting arrangements vary depending on what works best for the child and the family’s circumstances.
Common arrangements include:
Primary Residence With Contact
- The child lives mainly with one parent
- The other parent has regular contact or visitation
Shared Care Arrangements
- The child spends substantial time living with both parents
Flexible Parenting Arrangements
- Schedules are adjusted to accommodate work commitments, school routines and the child’s needs
In every case, the court’s overriding priority is the welfare and best interests of the child.
What If Parents Cannot Agree Contact Arrangements?
If discussions between parents break down, there are several options available before court proceedings become necessary.
These may include:
- Solicitor-led negotiation
- Family mediation
- Parenting agreements or parenting plans
- Collaborative family law
If no agreement can be reached, the court can intervene and issue a Child Arrangements Order.
Our solicitors aim to resolve disputes efficiently and constructively, always keeping the child’s wellbeing at the centre of discussions.
What If a Parent Refuses Contact?
It can be extremely distressing when one parent prevents the other from seeing their child.
Depending on the circumstances, legal options may include:
- Negotiating urgent contact arrangements
- Sending formal legal correspondence
- Applying to the family court for a Child Arrangements Order
- Seeking enforcement of an existing court order
Courts generally believe that children benefit from having a meaningful relationship with both parents, unless there are safeguarding concerns.
How Do Courts Decide Child Arrangements?
When courts become involved, decisions are made according to the “best interests of the child” principle.
The court considers factors including:
- The child’s emotional and welfare needs
- The child’s relationship with each parent
- Stability, routine and living arrangements
- Educational needs
- Any risk of harm or safeguarding concerns
The aim is to ensure children have security, stability and healthy relationships with both parents wherever possible.
Can Child Arrangements Be Changed Later?
Yes. As children grow, their needs and circumstances often change.
Arrangements may need to be reviewed if there are changes such as:
- One parent relocating
- A change of school
- Changes in working schedules
- Concerns about a child’s welfare or wellbeing
If parents cannot agree on updated arrangements, the court can vary an existing Child Arrangements Order.
Why Choose Our Family Law Solicitors?
Disputes involving children can be emotionally challenging. Our family law team focuses on finding constructive solutions that protect your child’s wellbeing while helping parents move forward.
We prioritise:
- Protecting the welfare of your child
- Reducing conflict between parents
- Achieving practical and long-term solutions
- Responding quickly to urgent matters
Our solicitors combine legal expertise with practical guidance to help families navigate difficult transitions.
Frequently Asked Questions
Do fathers automatically have contact rights?
Yes. Courts recognise the importance of both parents in a child’s life unless there are safeguarding concerns.
Can children choose where they live?
A child’s wishes may be considered depending on their age and maturity, but the final decision is based on what is in the child’s best interests.
What happens if my ex moves away with the children?
Relocation may require agreement between parents or approval from the court. Legal advice should be sought as soon as possible if relocation becomes an issue.
Can grandparents apply for contact?
In some circumstances, grandparents may apply to the court for permission to seek contact with their grandchildren.
Speak to a Child Arrangements Solicitor
If you are concerned about child contact, parental responsibility or parenting arrangements, early legal advice can make a significant difference.
Speak to one of our family law solicitors today for a confidential discussion.
You can also learn more about the divorce process by visiting our Divorce Solicitors page.
