It can be an extremely stressful time considering the arrangements for children of the family after separating. This period of uncertainty can be difficult to navigate, both personally and in a sensitive way for the children. This can lead to disagreements about who will live where and how much time each parent gets to spend with their children.
The main question is usually – where will the children live? There is unfortunately no one-size-fits-all answer to this question as every family is different, but it is important to keep what is best for the children as top priority when trying to work this out. If one parent has been the main caregiver throughout the relationship, then consideration should be given to them staying in the family home with the children and the other parent try to find alternative temporary accommodation until proper plans can be agreed on what will happen to the family home. A move for the primary care giver and the children out of the family home to rented accommodation may be more beneficial for the children, for example if the property is closer to school or grandparents who help with childcare. Perhaps your separation is amicable and living ‘together apart’ is something you can navigate together in a respectful way until a final decision can be made.
If you are having difficulty agreeing what life with the children looks like after a separation, or if you are worried that your partner may not be putting the children’s needs first, it is important to seek independent legal advice for your options moving forward. It may be the case that an agreement can be reached through solicitors’ offices, or after engaging in mediation with your partner, which would eliminate the need for Court proceedings.
If an amicable agreement between you is not possible and Court proceedings should become necessary, a solicitor from our Family Department can provide you with comprehensive advice on the Court process, including the advantages or disadvantages of any court application and the associated costs.
Edwards Solicitors provide advice and assistance on all children matters including residence, contact, prohibited steps orders, specific issue orders, issues with Social Services, child abduction and adoption. If you wish to make an appointment to discuss any of these matters, please contact the Family Department on 028 9040 8790 or email cmcgee@edwardssolicitors.com.