How should children divide their time between parents when they divorce or separate?

There is no “hard and fast” rule as to how children should spend time with each parent following a divorce or separation.  What works for one family, may not work for another.  For example, if the parents work shifts, then the arrangements for the children would usually coincide with those shift patterns.

This sometimes means that a rolling arrangement may suit a family working shifts, for example a 10-day rolling arrangement, rather than simply “week 1” and “week 2” arrangements. Whichever pattern is agreed upon, having some sort of routine helps children to adjust and feel secure in their arrangements.

What happens if arrangements cannot be agreed by the parents?

If arrangements cannot be agreed between the parents, a mediator may be able to help resolve the dispute. You can find details of local mediators on the internet by searching for “Family Mediation in my area”.  However if mediation is unsuccessful and no agreement is reached, ultimately the Court can determine the arrangements.

When a matter may need the involvement of the courts

In cases where there are not any safeguarding concerns that should prevent contact taking place, and the dispute relates only to what days the children should spend with each parent (rather than a dispute about whether contact should take place at all), the case will usually be decided by a bench of magistrates, who have received specific training in children matters.  In more complex matters, such as trying to prevent the children spending time with the other party, because there could be safeguarding issues, the case would be transferred to a District Judge.

The court will listen to both parents’ competing positions and make a decision as to what they think is most suitable.  Be aware though that the court could make a decision which one or both parents may be disappointed with.

An agreement between the parties is therefore usually preferable to asking the court to intervene.

Thatcher + Hallam LLP family team offer an initial free consultation of up to 30 minutes. Please contact us if you wish to have a chat on 01761 414646.