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

There is no one-size-fits-all solution to how children should spend time with each parent following a divorce. What is appropriate for one family, may not work for another family.  For example, if there are different shift patterns between the separated parents, it is usually accepted that the shift patterns cannot be ignored.

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.

If arrangements cannot be agreed between the parents, it is a good idea to see whether a mediator can help resolve the dispute. You can find details of local mediators on the Family Mediation Council website.  However thereafter, if the two parents still cannot agree what arrangements are best and most practical, ultimately the Court can determine the arrangements.

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.

The magistrates will listen to both parents competing positions and make a decision as to what they think is most suitable. This can be a helpful way of resolving a dispute because the decision-making ability is passed over to the magistrates, given that the parents have been unable to make a decision between themselves.  However this can be a risky strategy because one (or even both) of the parents can end up disappointed with the result.

If you wish to discuss your situation or any issues raised in this blog our family solicitors are based in Wolverhampton, Cradley Heath and Sutton Coldfield and serve clients across the West Midlands.  For all new enquiries, please call 01902 328 355 or complete our online enquiry form and a member of our team will respond.