What Does a Family Solicitor do During a Divorce Involving Children?

Divorce is rarely straightforward – especially when children are involved. At Bridger’s Law, we understand that discussing such deeply personal matters can be difficult. That’s why our family law team is committed to providing clear, practical advice, always with your children’s wellbeing as the top priority.

Whenever possible, we aim to resolve matters amicably between parents. However, if going to court becomes necessary, we are here to support and guide you. We keep our clients fully informed throughout each stage of the court process, so they know exactly what to expect and what’s required.

Common questions from our clients

Should I talk to my children about the divorce?

Yes. Children need emotional support and stability during a divorce. If you and your spouse can speak to them together, a simple, age-appropriate conversation can go a long way in helping them understand what’s happening. You don’t need to go into legal or personal details; just explaining how their routine might change is a good start.

If the relationship between you and your spouse is strained, it’s crucial to keep any conflict away from your children. Making negative comments about the other parent, even unintentionally can lead to what’s known as parental alienation. This is when a child is turned against one parent. The courts take this behaviour very seriously and strongly disapprove of it.

How are custody arrangements decided?

1. Consent orders (agreements without going to court)
We strongly encourage parents to reach agreements about child arrangements outside of court, whether through mediation, negotiation, or ‘kitchen table’ discussions. When both parties agree, this can be formalised with a Consent Order, which is a legally binding court order that often doesn’t require a hearing. This approach is typically faster, less stressful, and more cost-effective than court proceedings.

2. Court proceedings (when an agreement isn’t reached)
If an agreement can’t be reached, the court will become involved. CAFCASS (Children and Family Court Advisory and Support Service) or Social Services (if they are already part of the case) may be asked to assess whether it’s safe for the children to spend time with both parents before the first hearing. They will produce what is known as a safeguarding letter.

In more complex cases, CAFCASS may carry out further in-depth assessments and reports. The Judge will consider these reports, along with statements from both parents and court discussions, before making a final decision. One of the court’s main responsibilities is to promote meaningful relationships with both parents, provided it’s safe to do so. Refusing contact without a valid reason will not be looked upon favourably. Simply not wanting the other parent involved is not enough, and neither is the lack of payment of child maintenance.

What happens to the family home during divorce – especially with children involved?

The family home (or Former Matrimonial Home) is often a couple’s most valuable asset, which makes it a common point of dispute. When children are involved, their welfare and ensuring they have stable, secure living arrangements, becomes the court’s priority.

If there aren’t enough resources to provide two separate homes, one parent may be allowed to stay in the property under a Mesher Order. This allows them to remain in the house with the children until the youngest child turns 18 or finishes full-time education. However, such orders are granted less frequently now, and there’s no guarantee the court will approve one.

Planning for the future after divorce

It’s important to think beyond the divorce itself. If you have an existing Will or Lasting Power of Attorney (LPA), you may need to update them. Legally, your ex-spouse is treated as if they had died in terms of inheritance, which means they have no say over affairs, unless you make the necessary updates.

If you pass away without a Will, the court will decide who takes care of your children-something that can lead to confusion, disputes and even legal battles between family members. Our team can support you with these matters, and we’re happy to refer you to our Wills, Probate and LPA specialists for further assistance, or, if you are already in this situation, a Special Guardianship Order.

We are here to support you and your family throughout the entire process. If you have any questions or would like to discuss your circumstances further, please contact us. You can also take a look at our blogs to understand more:

What happens if you die without a will?
What is a Cohabitation agreement?
What are prenuptial and postnuptial agreements?