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Childcare issues following divorce or separation

Relationship breakdowns are often more challenging where there are children to consider. The children rarely understand why their parents must live apart and have difficulties themselves coping with the changes. Resolving issues such as where your children will live and how you’re going to care for them now you are separated can be a minefield.


The potential complexities surrounding childcare have featured heavily in the media as, following his recent and very public split from Angelina Jolie, actor Brad Pitt is seeking joint custody of their six children.

Court filings reveal Pitt is counter attacking his estranged wife’s claim for sole custody of Maddox, Pax, Zahara, Shiloh, and twins Knox and Vivienne, who were adopted from Cambodia, Vietnam and Ethiopia.

This move comes after Ms Jolie requested full physical custody of all six children aged 15 to eight, citing “irreconcilable differences” when she filed to end their marriage earlier this year.

While you and your partner may be going through a similar divorce or separation, it is important to remember that your role as a parent does not end. With many parents finding it difficult to agree arrangements for their children, such as where they should live, when they should see the other parent and the payment of child maintenance, our team of family solicitors recognise the importance of helping you and your family deal with issues surrounding the best interests and welfare of your children.

Where possible Linder Myers will assist with mediation and negotiation, however where an agreement cannot be reached we have all the experience necessary to advise and represent you at court.

The main orders concerning children that can be made by court are:

  • Child arrangements order (where should a child live and the level of contact that a person should have with a child)
  • Prohibited steps order (orders preventing something, such as removing a child to live elsewhere in England or abroad)
  • Specific issue order (such as change of names or what school a child should go to)

In addition, our team of family lawyers can provide legal advice about voluntary child maintenance arrangements and help to draft appropriate agreements. We are also able to advise you how to work effectively with the Child Support Agency (CSA) to get the best outcome for your children and we will assist you, where appropriate, to apply to the court for a child maintenance order.

For further information on childcare issues or maintenance following a divorce or separation, contact one of our family and childcare lawyers on 0800 042 0700 or email

Find out more about our Family and Childcare department
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