A client contacted our family law solicitors in Tunbridge Wells for help with his divorce, financial matters, and, most importantly for him, child arrangements following separation.
When the couple separated, they had made a verbal agreement that their two teenage sons would divide their time equally between both parents’ homes. Based on this understanding, our client agreed to move out of the family home.
However, things quickly changed, and the mother decided that the children should live with her full-time and spend only one day with the dad each weekend. In her view, the father’s high-pressure job meant he would not be able to meet the children’s needs.
As our client had always considered himself a hands-on parent, he was worried about his role in his children’s lives being reduced. He didn’t want to see them just once a week.
Following an initial consultation with Louise Forsyth, a Senior Associate, we provided clear advice on the available options for resolving the child arrangements. Louise recommended family arbitration as an alternative to court proceedings.
We were able to agree with the wife’s solicitor to jointly instruct an Independent Social Worker (ISW) to prepare a report about the children’s wishes and feelings about where they should live. This meant that their voices would be properly considered as part of the process.
We also prepared a detailed witness statement, which set out clearly how our client’s proposed shared care arrangement would work and how it would be in the best interests of the children.
We presented a child-focused case, emphasising the importance of maintaining a strong relationship with both parents. Our thorough preparation meant the arbitrator in the case had a clear, evidence-based understanding of what arrangement would best serve the children’s welfare.
The arbitrator accepted our proposals and made an award confirming that the children should share their time equally between both parents’ homes.
With our help, the client was able to maintain an active role in his children’s daily lives, and the children benefited from regular, consistent time with both parents.
This case shows why it is important for separating couples to formalise child arrangements. There is always the potential for disagreements and for informal agreements to be changed later on. Having legally agreed child arrangements provides stability for the children and means that everyone knows where they stand and what has been agreed.
It also shows the effectiveness of family arbitration in resolving disputes constructively. By focusing on the best interests of the children, our child arrangement solicitors protected the client’s parental relationships and achieved a positive outcome for the family.
If you would like advice about child arrangements, call us today to speak with our specialist family law solicitors. Get in touch to have the UK’s largest family law firm on your side.
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