Divorce or separation is a difficult time for all concerned and children can become very involved emotionally in what's happening. However, there are a number of ways you can help make the process as painless as possible for your children.
Most childcare experts agree that it is important to keep your children informed at every stage of your separation or divorce. You are not protecting your children by keeping things from them.
Tell your children what is happening to their family, it's better for them to know. They don't need every detail, but they do need enough information to know what is going on, depending upon their age. They may not wish to be involved in making decisions, but most children will still want to feel they are being listened to. Encourage them to ask questions and try to give them honest and reassuring answers, but don't promise what you cannot deliver. If something is not yet decided, then say so and reassure them that you will tell them as soon as you can.
If there is no question about the child's safety and you can agree financial support, property and arrangements (like where the child/children will live) you can fill in a form and will not need to go to court for a hearing. The form you need is called 'Statement of arrangements for the children', also known as Form D8A. All divorce forms are available at your nearest divorce county court and the Principal Registry in London. Alternatively you can download the forms from the HM Courts Service link below.
If you cannot agree these terms then a judge could become involved or you could be referred to mediators. In such cases the judge may want to speak to your children at a court hearing.
The judge will not finalise your divorce if they do not think the arrangements for your child/children are acceptable. It is far better if you can come to an agreement between yourselves.
Reaching an agreement out of court about issues like your children’s care is usually the best way. You may not be able to reach total agreement, but it can still help to make issues easier to resolve even if you do go to court. Mediation can be used when you have decided to go ahead with a divorce, dissolution of your civil partnership or separation, by helping you to work out solutions between you in ways that reduce confrontation. You can ask a trained family mediator to act as an impartial third party; they will help couples come to an agreement without bias or being on anyone’s ‘side’.
You can find mediation services in your area by calling the Family Mediation Helpline on 0845 60 26 627, or visiting the Family Mediation Helpline website.