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How to go about negotiating visitation rights for children on divorce.

Negotiating visitation rights for children during a divorce in England and Wales can be a challenging and emotional process, but it’s crucial to place the children’s interests at the forefront. Here, we break down key steps to help guide you through the process:

1. Understand the Legal Framework

In England and Wales, the welfare of the child is the court’s paramount concern when determining living arrangements. The Children Act 1989 establishes statutory criteria that prioritise the child’s needs above all else. It’s essential to familiarise yourself with this legislation to understand the legal expectations and rights you have as a parent.

2. Open Communication with Your Partner

Begin by maintaining open and respectful communication with your partner. Discussing and agreeing upon visitation rights amicably is often less stressful and more beneficial for everyone involved, especially the children. Focus on reaching a consensus that works for both parties and keeps the children’s best interests in mind.

3. Use a Mediation Service

If direct communication proves difficult, consider using a mediation service. A qualified mediator can facilitate discussions, helping both parties reach a voluntary agreement. Mediation is typically quicker, less expensive and less adversarial than going through the court system.

4. Create a Parenting Plan

Develop a comprehensive parenting plan that outlines visitation schedules, holiday arrangements and procedures for special occasions. This plan should be as detailed as possible to minimise future conflicts. Consider using templates or seeking advice from legal experts to ensure all necessary components are covered.

5. Consider the Children’s Wishes

Depending on their age and maturity, consider involving the children in discussions about their living arrangements. Understanding their preferences and feelings can help in making arrangements that they are comfortable with, leading to a smoother transition.

6. Seek Legal Advice When Necessary

If you encounter difficulties reaching an agreement, seek legal advice from a solicitor specialising in family law. They can provide guidance and support, ensuring that your rights and your children’s needs are adequately represented.

7. Apply for a Child Arrangement Order

If Mediation doesn’t resolve the situation, you may need to apply to the court for a Child Arrangement Order. This legally binding order provides a structured framework for visitation and is determined based on what the court deems to be in the child’s best interest.

8. Stay Flexible and Open to Change

Children’s needs and circumstances can change over time. Be willing to revisit and modify visitation arrangements as necessary to accommodate these changes, keeping the line of communication open with your former partner.

Conclusion

Negotiating visitation rights can be complex, but by focusing on the needs and welfare of the children, maintaining open communication, and seeking professional guidance where needed, you can work towards a resolution that benefits everyone involved. Remember, the ultimate goal is to ensure a stable and supportive environment for your children as they navigate this transition.

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 15th January 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of the capital’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here