Before you go to court you should try to agree with your partner how much time you would each like to spend with your children. If this is not possible it would be a good idea to go to mediation, where an independent third party can mediate your discussions and help you with your negotiations. If neither of these things work then your solicitor will take your case to court where the court will listen not only to both parents’ viewpoints but will also usually ask the children what they would like to happen.
The older the children are the more weight that is likely to be put on what they want. The court’s primary consideration in these proceedings is the welfare of the children.
When deciding the issue the court will take into account the busy routine of both parents and will usually decide to split the weekends and school holidays equally between the two so no-one loses out on seeing their children.
Children can sometimes be extremely distressed in these situations, not wanting to upset either parent by spending time with the other. It is important to try and work together with the other parent to come to an agreement that will suit all parties, including the children.