When parents separate, one of the most difficult parts is establishing a new family routine. An arrangement that seems reasonable to one parent may feel completely unfair to the other, particularly when the separation is recent and trust has broken down. Even parents who initially agree can find minor difficulties gradually turning into a more serious dispute.

Why parents disagree about contact

Disagreements often begin with different expectations about how family life will operate after separation. One parent may expect alternate weekends, while another wants to remain involved during the school week. Where a parent has working patterns that change regularly, even a shared commitment to contact can be difficult to arrange into something dependable.

Overnight stays can be especially sensitive; for example, a parent who has always managed bedtime may worry about how their child will settle without their involvement and may feel that being limited to daytime visits prevents them from being the parent they’d always imagined they’d be.

Holidays bring different pressures because time with one side of the family inevitably reduces the time available to the other. Christmas can become particularly tricky because both parents want to preserve traditions that previously took place in the same household.

In some cases, the difficulty lies in handovers rather than contact itself; arguments at the front door may leave a child anxious before an otherwise enjoyable visit. A new partner can also create tension, although discomfort about a former partner’s new relationship should be separated from genuine concern about the child’s welfare.

These are some of the difficulties parents commonly face when making arrangements for their children after separation. When trust has broken down, even straightforward discussions can become tense, with each parent reacting defensively and disagreements becoming harder to resolve.

Can one parent stop or restrict contact?

Where arrangements are informal, one parent may stop making the child available, but that does not settle whether their decision is justified. Here, the affected parent should seek legal advice and, where necessary, apply for a child arrangements order.

If there are genuine safety concerns, it may be necessary to prevent a particular handover and obtain urgent advice about future arrangements. Any restriction should respond to the risk rather than become a means of punishing the other parent.

If new circumstances make an existing court order unsafe, a parent should seek urgent advice about applying to vary or suspend it. An immediate threat may require protective action before an application can be made, but the reasons should be recorded and the court approached promptly.

What to do when contact is being denied

Being prevented from seeing a child can provoke considerable distress, particularly when explanations are limited or messages go unanswered. Despite this, repeated angry demands rarely improve the situation and may make later discussions harder.

Where it is safe to communicate, the first step is usually to ask why contact has stopped and suggest a practical way forward. A specific proposal is often more useful than a general demand to see the child. If overnight stays are disputed, a parent might suggest daytime contact while the underlying concern is explored, without accepting that this must become the permanent arrangement.

Keep an accurate record of missed contact and the explanations given; consider sending messages proposing reasonable alternatives, which at a later date can help demonstrate attempts to resolve matters. It is important for correspondence to remain focused on the child rather than become an argument about an ex’s perceived personal failures.

If an order already exists, enforcement may be appropriate. Here, the court will examine whether its terms were breached and consider the explanation before deciding what action to take. It is important to note that one simple missed visit will not automatically result in a penalty being imposed.

When a child says they do not want contact

A child’s reluctance to see a parent should be taken seriously, but it also needs careful exploration. A younger child may struggle with leaving their main home, even when they enjoy spending time with the other parent once settled, whereas an older child may resent missing friendships or activities because of a rigid weekend schedule.

Parents should listen to what their child has to say without repeatedly questioning them or suggesting what the answer might be. A child should not feel responsible for choosing between parents, defending one adult or resolving the dispute. Where the reasons remain unclear, professional assistance may help.

Resolving contact disputes without court proceedings

Many families can reach an agreement with support, even where direct discussions have become unproductive. Solicitors can help identify the actual areas of disagreement and exchange proposals without requiring parents to negotiate among themselves.

A written parenting plan can be helpful and may reduce misunderstandings by explaining how the arrangements work in practice. It can also address a frequent difficulty in more detail, such as what should happen when a parent’s shift pattern changes or if one parent is late to handovers.

Mediation offers another route towards agreement. Here, a mediator helps parents search for possible solutions without deciding the outcome for them. In suitable cases, child-inclusive mediation can also give a child an opportunity to express their views.

Safeguarding concerns and professional support

Allegations of domestic abuse must be addressed carefully, including where the alleged behaviour was directed towards the other parent. A child can be harmed by experiencing abuse within the family even if they were not physically assaulted.

The court may need a fact-finding hearing to resolve any disputed allegations that are relevant to its decision regarding the child. It should be noted that such a hearing is not required in every case where allegations are made, but if certain facts are disputed, it may be the only way to determine what actually happened. Where abuse is established, the court must decide whether contact can take place safely and, if so, what protective conditions should be put in place.

A solicitor can help untangle practical disagreements from issues requiring urgent court protection, and explain which evidence will assist. They can negotiate workable proposals or represent a parent in proceedings where agreement is not possible.

If you would like advice on a child contact dispute, please contact our team today to discuss your circumstances and the options available.

View related pages: 

Child Arrangements Child Contact Disputes
Domestic Abuse & Child Arrangements Parental Responsibility Orders And Agreements
Parental Alienation & Family Law Child Residence & Living Arrangements
Supervised & Supported Child Contact Complex Child Arrangements Disputes
Varying & Enforcing Child Arrangements Orders Fact-Finding Hearings In Children Proceedings

 

Enquire Now

Or call us: +44 (0)20 7430 8470

Got a question about your Children? Ask us now...

Kindly complete the form below to send an enquiry. Your message will be sent to one of our solicitors. Everything you send in this form is secured and encrypted the moment you submit it. Discretion is guaranteed.

Your Information

  • This field is for validation purposes and should be left unchanged.
  • Consider including information such as: the name of your spouse (if relevant), the country you live in, the background to your problem.

This site is protected by reCAPTCHA and the Google Terms of Service and our Privacy Notices apply.

Children's Issues

The scenario below does not relate to any individual clients of ours but the facts and the outcomes relate to some similar experiences in our practice.

Scenario Analysis Example #1

The Scenario

Mr and Mrs H separated. Mr H moved a few streets away and their eldest boy (now 15) lived with him. The younger children (14 and 12) stayed with Mrs H but the children live near each other and attend the same school.

Mrs H remarried and wishes to move to her new husband's city. Mr H sought advice about residence of the other children. He told us the middle child wanted to stay at school with his friends.

Our Solution

There is no set age at which a child can "choose". Nevertheless in reality it would be hard for Mrs H to resist the 14 year old's wishes. We needed to be careful not to stress the children. Rather than issuing proceedingswe arranged mediation for Mr and Mrs H to discuss the issues.

We advised Mr H to be flexible regarding contact. They reached an amicable arrangement for all children to live with Mr H for the school week and half weekends; and flexible school holiday arrangements.

Henry Brookman Discusses: Childrens Issues

If you have questions, contact us now, we can help you.

Children's Issues FAQs

Here is a selection of common questions relating to how children are involved in and affected by the divorce process. If you have unanswered questions, please contact us using the form above or you can contact us here.

Who Can Apply For Child Arrangements Orders?

Either parent can apply for orders relating to children as well as anyone with parental responsibility for the child. Sometimes grandparents or other relatives ask us if they can apply for child arrangements orders. The answer is that they can but they need to clear an extra hurdle first by seeking the permission of the court to do so.

Can I Use Mediation To Settle Disputes About The Children?

Yes. Most child issues are settled through negotiation and mediation. Court is often seen as a last resort. The mediation process is less formal than the court process and many of our clients report that they find mediation less stressful than the idea of going to court. Agreeing arrangements also gives you more of a sense of control over the issues. And it’s possible to formalise anything you agree with your ex spouse through mediation by making the agreement part of a Consent Order.  Once you get this approved by a family judge it’s legally binding.

Do we have to go to Court to decide what will happen to the children?

No, in almost all cases this is not required. Typically, the parents agree and often formalise the arrangement with the assistance of their lawyer. Where parents agree there is usually no need for any court order at all. If the parents cannot agree it would then become a matter for the Court to decide.

Can I insist that I see my child on special occasions, such as birthdays?

Normally the non-resident parent will be able to agree to see their child on significant dates and occasions. This can either be agreed informally with the other parent but if there is a dispute then the non-resident parent could apply for a court order.

Can I take my child to live abroad after divorce?

Permission will be required from the other parent or via a court order. Taking your child abroad for longer than a holiday would be considered abduction and the other parent could apply to the Child Abduction Unit to have your child brought home.

What happens to step children regarding custody and maintenance?

If the step-parent has taken the role of parent during the marriage and their ex-spouse (the biological parent) is not able to provide for the child, the step-parent may then be required to pay child maintenance.  Whilst it is typical for the child’s biological parent to gain residence, this is not always the case. It will depend on how capable the parents are to provide for the child what is in the child’s best interests.

Does the CMS (formerly the CSA) have to be involved in deciding child maintenance?

No. Whilst you may use a CMS calculation to aid with deciding a maintenance payment figure, it is then common for a private maintenance agreement to be set up by your lawyers. The CMS or court do not then need to be involved. If required, 12 months from the agreement, the CMS can become involved if either party wishes it.

Can I change my child’s surname after divorce?

Changing your child’s surname would require the other parent’s written consent or a court order.

Will the family home be retained for the child to live in?

If it is in the best interests of the child to remain in the family home with one of the parents it is possible that the court will order the home to be retained for a set length of time.

Can I move with my child to another part of the UK?

If you are the resident parent, you do not need the other parent’s permission to move with your child within the UK. However, the other parent could request a court order preventing you from moving whilst the situation is looked at in more detail. In making a decision as to the child’s living arrangements, the court will always look first at what is in the best interests of the child.

Can I take my child abroad on holiday?

If you have a court order setting out that the child is to live with you then you do not need ask permission from the other parent to go on holiday abroad for up to 28 days. If you do not have a court order, you will require the permission of the other parent. If the other parent will not give permission, you can apply for an order to go on holiday with the child.

Will my ex-spouse having a new partner affect what contact they can have with our child?

Typically no. However, if you have good reason to be concerned about your child’s welfare with regard to your ex’s new partner, you could apply for conditions to be imposed upon the existing contact arrangements.

Can our child choose which parent they live with?

If the child is old enough and has sufficient understanding to state a preference, the court will take into account their wishes. It is however unlikely that the child will simply be asked to choose because it is an unfair question and the reasons behind a child’s answer may be mixed. The court will however also consider wider factors, including each parent’s ability to meet the child’s needs, the child’s safety and how the new change in circumstances may affect the child.

Still have questions?

Contact us, we can help you.

Over 2000 FREE
consultations and counting…

Our free consultation can help you more clearly understand the legal issues relating your case and what your options are to move forward.

Request your free consultation

Or send us an enquiry

I had a video call yesterday with Phillip Morton who was extremely well informed about my circumstances and offered helpful advice about my situation.

Nov 2026   Lisa Hamblen

I sought an initial consultation from Henry Brookman... His advice was very well informed and he answered all of my queries and also provided a recommendation on a way forward.

Oct 2026   Liza Romanovskaya

Samantha was extremely helpful, professional, and informative. She took the time to explain everything clearly and made sure I understood the advice she provided.

Oct 2026   Lorrin Chantrey

I had a consultation with Henry Brookman and found him extremely helpful, knowledgeable and professional.

Sep 2026   Sodai Hopen

I had a very thorough consultation with Mr. Henry Brookman, he is very experienced in family law & was very professional.

Sep 2026   Jan Ball

I had a consultation with Henry Brookman regarding a family law matter and had an excellent experience... His advice was clear, practical and refreshingly honest.

Aug 2026   Zain Mirz

In an initial consultation I met Lauren Blythe, who I would highly recommend. Lauren is very knowledgeable and provided me with clear information.

Aug 2026   "S"

Had an initial consultation with Lauren who is very polite, very knowledgeable and provided me with valuable information and next steps.

Jul 2026   Paul Murphy

Very helpful initial consultation. the solicitor was professional, listened carefully, and explained my options clearly without any pressure. I left with a much better understanding of the process and my next steps. Thank you.

Jul 2026   Khadija Mouaddab

About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Partner

Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

Partner

Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

Partner

Mark Rennie

Mark is the Group Head of the Horsham Family Law team. He specialises in all areas of matrimonial law, including complex divorce and financial disputes, and is recommended by The Legal 500.

Partner

Nigel Winter

A highly experienced solicitor, Nigel has expertise in collaborative law, divorce, contested litigation, relationship agreements, and children matters. Nigel is recommended by The Legal 500.

Partner

Samantha Jago

Partner at our Guildford office and recommended by The Legal 500, Samantha has specialist expertise in divorce, children matters, complex international cases, and is a trained mediator.

Partner

Joanna Potbury

Family law specialist based in Brighton advising on divorce, cohabitation agreements, children, post-nuptial agreements, and domestic violence. Joanna is recommended by The Legal 500.

Partner

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

Partner

Ella Welsby

Known for her sensitivity and discretion combined with significant expertise, Ella advises on all family issues including high-value and multi-jurisdiction divorce and complex financial and children matters.

Partner

Gemma Garrett

Based in Horsham, Gemma is a specialist advising on all areas of family law including divorce and separation (often involving jurisdiction issues), complex financial matters, and children matters.

Partner

Alicia Cenizo

Alicia is a Partner in the family team and advises on all elements of family law, particularly private children work, including matters with an international element such as relocation.

Partner

Rachel Osgood

Rachel specialises in financial claims on divorce and separation with a particular emphasis on high value cases and those involving inheritances, family businesses and claims by adult children.

Partner

Nisha Tayal

With over 20 years of expertise in family law, Nisha specialises on all aspects of relationship breakdown and is trusted by clients for her discreet, tailored advice.

Family Director (filex)

Natalie Matthews Bunting

Natalie is a specialist in divorce and financial remedy, including high value cases involving multiple pensions, multiple properties and multiple businesses.

Senior Associate

Lauren Blythe

Lauren is a highly regarded specialist family law solicitor, based at our Guildford office. She advises on divorce, family finances, children matters, domestic abuse, cohabitee issues, and relationship agreements.

Senior Solicitor

Susan Hayes

Susan qualified as a solicitor in 1992 and is based at our Brighton office. She is a longstanding member of the Law Society Specialist Children Panel and Family Law Panel. Susan is also a trained Collaborative Lawyer.

Associate

Rachael Au

Rachael is a highly capable member of the family team in Brighton. She specialises in family law, advising on divorce, civil partnerships, financial matters, and children issues.

Associate

Alice Barrett

Alice advises and supports clients on a range of family law matters including divorce, separation, financial remedy, private children matters and emergency applications.

Associate

Amelia Groom

Amelia has experience across a full range of family matters, including divorce, complex disputes regarding finances that range from trusts through to cryptocurrencies, and arrangements for children.

Associate

Natalie Higham

Natalie is a Family Legal Executive who advises individuals on divorce, separation, financial remedies available to them on the breakdown of their relationship, and children matters.

Associate

Katie O'Kelly

Katie advises on a wide range of family law matters including co-habitation, divorce and separation, financial remedies, and private children law matters.

Solicitor

Sophie John

An experienced solicitor, Sophie advises on matters relating to divorce, financial separation in both marriages and cohabiting relationships and children arrangements.

Solicitor

Alex Robinson

Alex supports the family team on a variety of matrimonial and Children Act matters that are often complex and with an international element.

Paralegal

Michelle Davies

Part of the Family Law team, Michelle supports on a variety of cases involving divorce, finances, children matters and day to day enquiries.

Paralegal

Isabelle Basson

Isabelle is responsible for following up day-to-day enquiries, administrative case management and generally supporting the Family team fee-earners.

Paralegal

Amelia Mahraj

Amelia is responsible, in her current role, for dealing with day-to day enquiries, administrative duties and supporting fee earners.

Paralegal

Aimee Atalay

Aimee provides dedicated support to the Family and Contentious Probate teams across a diverse range of matters. Aimee studied Law and Criminology at the University of Kent.

Paralegal

Izzy Minor

Izzy Minor is a Paralegal in the Family Team, supporting fee earners, and is a qualified Advanced CILEx Paralegal (MCILEx), holding a Diploma in Law and Practice.

Paralegal

Madison Bryant-Pollins

Madison provides dedicated support to the Family and Contentious Probate teams, including case management and the provision of clear, empathetic assistance to clients.

Secretary

Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

Secretary

Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

Google Reviews
Ask A Question

Contact Us

If you have questions, contact us now, we can help you.

Enquire Now

Or call us on +44 (0)20 7430 8470