children and divorce - Page 2

Cafcass Anxiety: Why It Feels So Intense – and How to Stay Grounded

Gergely Fried
Gergely Fried
McKenzie Friend and Founder of Everyman Justice

Sponsored post by Everyman Justice.

A parent once told me he knew the moment his anxiety began.

It was not during a hearing. It was not during a confrontation.

It was when he opened the safeguarding letter and began reading the summary of his former partner’s interview.

Allegations were described in language that felt stark and absolute. Events he remembered differently were presented in structured paragraphs. His heart rate rose almost immediately. He stopped reading halfway through, convinced the outcome had already been decided.

His solicitor was unavailable for several days. During that waiting period, his mind filled the silence. Each day the anxiety intensified. He replayed memories, rehearsed responses, imagined conclusions. By the time professional reassurance arrived, he had already lived through multiple imagined catastrophes.

This reaction is more common than many realise.

Why It Doesn’t Feel Like “Just a Report”

In England and Wales, Cafcass plays a structured role in private law children proceedings. Officers speak with parents, carry out safeguarding checks, and in many cases provide analysis and recommendations to the court.

Judges make final decisions. But when parents receive a safeguarding letter or prepare for a Cafcass conversation, it rarely feels procedural. It feels personal.

The language used in reports is formal and precise. Summaries of what each parent has said appear alongside structured analysis. For someone reading about themselves particularly where allegations are disputed the experience can feel confronting.

Under stress, the brain’s threat response activates. Calm reasoning narrows. Physical reactions are common: raised heart rate, shallow breathing, sleeplessness. None of this means a parent is irrational. It means the situation feels consequential.

What Is Often Misunderstood

Much anxiety grows not from the existence of the report, but from misunderstanding its structure.

The section summarising what each parent has said is not, in itself, a finding. It records positions. The professional analysis and recommendations appear separately. When parents read the document as though every paragraph represents agreement or endorsement, panic escalates unnecessarily.

Similarly, in conversations, many parents instinctively focus on detailing what the other parent has done wrong. They feel compelled to correct the record comprehensively. Yet extended focus on the other party can unintentionally create the impression of unresolved anger or emotional escalation.

In safeguarding assessments, the emphasis is usually narrower: risk, welfare, stability, and each parent’s capacity to support the child’s relationship with the other parent where safe to do so.

“Child-focused” is a phrase frequently used, but often misunderstood. It is not a slogan. It is demonstrated through tone, proportion, and orientation. A future-focused response, an ability to reflect, and an acknowledgement of the child’s need for emotional safety often communicate more than forceful rebuttal.

Parents sometimes fear that acknowledging imperfection or reflecting on past mistakes weakens their position. In practice, measured self-reflection can demonstrate insight and emotional stability — qualities that are often seen as protective rather than risky.

The Quiet Dilemma of Trust

When reading allegations that feel inaccurate, or waiting days for clarification, it is natural for trust to feel fragile.

Some parents begin to view every question as a potential trap. Others rehearse answers repeatedly, afraid of saying the “wrong” thing. Anxiety narrows attention and magnifies uncertainty.

Yet conversations tend to unfold more constructively when approached with steadiness rather than defensiveness. Clarifying a question, pausing to think, or redirecting focus back to the child’s needs are not signs of weakness. They are signs of regulation.

The Wider Structure

Cafcass officers operate in a role that carries responsibility. Their assessments may influence arrangements affecting a child’s daily life. That responsibility requires structured analysis and professional distance.

Public reporting has noted increasing caseload pressures within parts of the family justice system. Delay and backlog can add to the strain felt by families awaiting clarity. The pressure is not only numerical; it is inherent in the nature of safeguarding work itself.

Behind Cafcass sits the court. Judges and magistrates carry the final decision-making responsibility. Cafcass recommendations inform the process but do not determine outcomes independently. The court must consider all evidence and apply the welfare checklist in reaching its judgement.

Understanding this layered structure can reduce the sense that a single report or conversation alone decides everything.

The Quietest Anxiety: Children

Amid adult stress, it is easy to overlook children’s internal experience.

Children often sense when discussions are occurring about them. When spoken to directly, they may carry their own unspoken tension: not wanting to disappoint either parent, unsure how their words might be interpreted.

They are rarely thinking in legal terms. They are thinking relationally.

When adults reduce visible hostility and speak respectfully about one another, children experience greater emotional safety. That safety allows them to express themselves more freely.

In many situations, the calmest adult becomes the emotional anchor.

Staying Grounded

When anxiety rises after reading a safeguarding letter or before a Cafcass call, narrowing your focus can help.

Before responding to anything in writing, pause and separate three things on paper: what has been alleged, what the professional analysis actually says, and what directly affects your child’s current welfare. This prevents reactive responses to language that feels confronting but may not represent a conclusion.

Before a Cafcass conversation, it can help to write down just three short points: what is currently working well for your child, what your main concern is, and what outcome would feel safe and stable. Keeping those anchors visible can prevent drifting into historical conflict.

If you find yourself going blank during a call, it is entirely acceptable to say, “I need a moment to think about that.” Silence is not a failure. Calm pauses often communicate steadiness.

And if anxiety spikes after the conversation, remember that safeguarding processes are layered. One exchange rarely defines an entire case. Structured review and follow-up exist within the system.

Emotional regulation is not about suppressing concern. It is about preventing fear from speaking louder than your genuine focus on your child.

Read more from Gergely Fried

About Gergely Fried

Gergely Fried is a McKenzie Friend, author, and the founder of Everyman Justice. With a background in education and business, and personal experience of child arrangements proceedings, he supports parents navigating the UK family court system with calm, practical guidance and emotional insight. His work focuses on clarity, emotional understanding, and reducing unnecessary conflict, always with the child’s wellbeing at the centre.

His book, Conflict by Design, guides parents step by step through child arrangements proceedings using a realistic case narrative, explaining what to expect in clear, accessible language rather than legal or academic jargon.

Everyman Justice: https://everymanjustice.co.uk/
Support & Help: https://everymanjustice.co.uk/support-and-help/

 

The Emotional Reality of Self-Representation: Why Good Parents Freeze in Court

The Emotional Reality of Self-Representation: Why Good Parents Freeze in Court

Gergely Fried
Gergely Fried
McKenzie Friend and Founder of Everyman Justice

Sponsored post by Everyman Justice.

A parent sits at their kitchen table late at night, reading the same court letter for the fourth time. They understand the words individually, but not what is really being asked of them or what might happen if they get it wrong. The hearing is coming. The stakes feel enormous. And despite caring deeply about their child, they feel unable to move forward.

This quiet moment is familiar to many parents representing themselves in the UK family court. While attention often focuses on forms, hearings, and legal outcomes, the emotional reality of self-representation is discussed far less. Yet it is this emotional weight not a lack of commitment or intelligence that often explains why capable, loving parents appear to freeze during proceedings.

Understanding this experience requires looking beyond procedure and recognising the psychological pressure parents are under when navigating a high-stakes system alone.

The Pressure of Getting It “Right”

For parents without legal representation, every letter and every hearing can feel decisive. There is often a belief that one wrong word, missed deadline, or poorly phrased response could permanently damage their relationship with their child.

That pressure creates constant vigilance. Parents reread emails repeatedly, second-guess their wording, and worry about how they will be perceived by professionals they may never meet face-to-face. Over time, this can lead to paralysis rather than clarity.

Some parents delay responding because they fear making a mistake. Others send long, emotionally charged messages because they feel an urgent need to be understood. Both responses are human reactions to fear, not signs of indifference or poor parenting.

When Emotion Collides With Structure

The family court process is structured, procedural, and often impersonal. Emotional experiences, however, are not. Parents are expected to communicate calmly and concisely even when discussing fear, loss, or uncertainty about their child’s future.

This mismatch can be deeply unsettling. Parents may worry that expressing distress will make them appear unstable, while restraining emotion may feel like minimising what truly matters. The result is often an internal conflict between honesty and self-protection.

When parents feel they must choose between being understood and being composed, it is unsurprising that some become hesitant or withdrawn at key moments.

The Myth of “The Court Will Just See the Truth”

Many self-represented parents enter proceedings believing that if they are truthful and reasonable, the system will naturally recognise this. While honesty and cooperation matter, family court decisions are not based on moral certainty.

They are made on how information is presented, assessed, and weighed often through written evidence and professional reports. Parents unfamiliar with this process may assume that the strength of their feelings will translate directly into the strength of their case.

When this does not happen, parents can feel confused or disillusioned. That emotional response may then shape future communication, sometimes leading to withdrawal or heightened frustration.

Fear, Shame, and the Loss of Confidence

Self-representation can also trigger feelings of shame or inadequacy. Some parents worry that representing themselves reflects poorly on them, or that professionals will assume they are less capable because they do not have a solicitor.

These concerns are rarely voiced, but they influence behaviour. Parents may avoid asking questions, hesitate to seek clarification, or agree to things they do not fully understand. In trying to appear cooperative, they may unintentionally sideline their own perspective.

Confidence, once shaken, is difficult to regain in an environment that already feels intimidating.

Finding Small Anchors During Uncertainty

While there is no simple solution to this pressure, some parents seem better able to stay grounded than others. What often helps is not legal expertise, but small forms of emotional structure having one trusted person to talk things through with, writing thoughts down privately before responding, or giving themselves permission to pause rather than react immediately.

These are not strategies for “winning” a case. They are ways of reducing emotional overload so parents can engage more clearly with a process that already demands a great deal from them. Even keeping a simple decision log “Today I received X, I responded with Y” can provide reassurance later that progress is being made, especially during periods when everything feels stalled or uncertain.

The Impact on Parenting During Proceedings

The emotional strain of self-representation does not end at the courtroom door. Parents often carry that stress home, where it can affect sleep, patience, and emotional availability.

Children may notice changes even when parents try to protect them. Increased anxiety, irritability, or withdrawal can be signs of a parent under sustained pressure. This does not indicate failure it reflects the weight of navigating uncertainty alone.

When parents feel overwhelmed, maintaining emotional stability becomes harder, not because they care less, but because they are carrying too much.

Why Emotional Understanding Matters

Recognising the emotional reality of self-representation does not mean lowering expectations or avoiding accountability. It means acknowledging that clarity and confidence are shaped as much by emotional safety as by procedural knowledge.

When parents feel steadier, they communicate more clearly, make fewer reactive decisions, and are better able to focus on their child’s needs rather than their own fear. Even small reductions in anxiety can have a meaningful impact on how parents experience the process and how effectively they participate in it.

What This Means for Parents

Freezing under pressure is not a personal failing. It is often a sign that something deeply important is at stake and that the person involved does not feel safe enough to make a mistake.

Self-represented parents are rarely trying to challenge the system. Most are trying to protect their children while navigating unfamiliar terrain with limited support.

Understanding this emotional reality does not change the law, but it can change how parents experience it. And when parents feel more supported and less afraid of getting things wrong, children are more likely to experience stability during a time of uncertainty.

This article is intended for general information and emotional support only and does not constitute legal advice.

Read more from Gergely Fried

About Gergely Fried

Gergely Fried is a McKenzie Friend, author, and the founder of Everyman Justice. With a background in education and business, and personal experience of child arrangements proceedings, he supports parents navigating the UK family court system with calm, practical guidance and emotional insight. His work focuses on clarity, emotional understanding, and reducing unnecessary conflict, always with the child’s wellbeing at the centre.

His book, Conflict by Design, guides parents step by step through child arrangements proceedings using a realistic case narrative, explaining what to expect in clear, accessible language rather than legal or academic jargon.

Everyman Justice: https://everymanjustice.co.uk/
Support & Help: https://everymanjustice.co.uk/support-and-help/

Emotional Readiness and Co-Parenting: Why You Shouldn’t Rush Up a Mountain
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Emotional Readiness and Co-Parenting: Why You Shouldn’t Rush Up a Mountain

Jimi Odell
Jimi Odell
Content manager
OnePlusOne

Between the day you decide to separate and the day you finally feel settled in your new co-parenting life, there is a mountain to climb. It can be daunting and you may not feel ready to take that first step but, when children are involved, you know you’re going to have to start climbing at some point.

Emotional readiness is a key factor in how well you’ll fare on your climb. During a separation, your emotional wellbeing can take a big hit, and it’s normal to experience a range of strong emotions. If you stumble into making co-parenting arrangements while these emotions are still running wild, it can be like trying to climb with no pack, no plan, and no shoes on your feet.

It’s a different mountain for everyone, so nobody can tell you exactly which path to follow, or how long it’s going to take. Some will find it’s a steady climb with their ex-partner alongside them, and others may find themselves exhausted at base camp wondering where their ex has got to. But, even though nobody has climbed your mountain before, lots of people have climbed mountains – you can learn from their experiences, and even borrow their tools.

Emotional readiness is your ability to make effective co-parenting arrangements and handle disagreements with your ex-partner (Barlow et al., 2014).

A separation is a life-changing event and it’s very common to be dealing with a jumble of emotions that may include any combination of shame, guilt, anxiety, bitterness, anger, frustration, and more. There’s often a sense of failure or loss as you reshape your vision of the future and your understanding of the relationship. There are often positive emotions in the mix too – you may have a strong sense of relief or even hope for the future, and these can also affect the way you approach decisions.

Whatever you’re going through, all of these emotions can affect your judgement and your ability to make long-term practical decisions. At a time when you’re trying to figure out where you and your ex will live, and making important decisions about how your children will split their time, emotional readiness plays a huge part.

Emotional Readiness and Co-Parenting

When you are emotionally ready, you will be more likely to find a way through to making amicable agreements with your ex-partner. If you’re not emotionally ready, you may need support with things like communication to help you get through the next phase. Trying to make big decisions when you are not emotionally ready can actually make things worse in the long term, so it’s important to give yourself space to adjust (Barlow et al 2014).

You may find that it gets easier in time, but if you’ve already locked in your co-parenting arrangements, it can be difficult to go back and change things. Consider where you’re at right now, and where your ex-partner might be at, and try to factor that into how you make those arrangements. 

If you’re still feeling a lot of strong emotions, it might be better to make short- or medium-term arrangements for now, with a plan to reconvene when you are both feeling more settled. Having a written parenting plan can help you manage this, especially if you build in an agreement to review your plans and adjust them based on how they’ve been working. You might want to choose a time frame for this – say, three or six months, depending on what feels right for your family.

Emotional adjustment happens at different speeds for different people. As you climb your own personal mountain, it’s likely you’ll find that you and your ex don’t reach the summit at the same time. You may take completely different routes to get there. 

A big part of this comes down to which of you initiated the separation. If it was your idea to separate, you’ll have had much longer than your ex to get used to the idea. You’ve probably been making plans in the back of your mind for a while. If, on the other hand, it was your ex-partner’s idea to separate, you might still be in shock at the sudden change, with no idea about what you’re going to do next. It’ll take some time to accept things before you can even begin to make plans.

Whichever side of the mountain you’re on, try to be considerate to the idea that you and your ex-partner are having different experiences. You may need to be patient while your ex catches up, or accept that your ex is further along in the journey than you.

Measuring Emotional Readiness

You might already have a sense of your own emotional readiness, just based on how you feel, but there is an accurate and scientific way of measuring it. In 2020, a team of researchers published their findings about a test called the Emotional Adaptation to Relationship Dissolution Assessment (or EARDA for short). The ten-question test takes a measure of how you’re feeling in ten key emotional areas (Millings et al. 2020):

  • Shame
  • Guilt
  • Relief
  • Anxiety
  • Loss
  • Anger
  • Resentment
  • Frustration
  • Failure
  • Hope

Even just taking this test can be a useful process to help you reflect on how you are doing now, and whether anything is starting to shift. You can find this tool on OnePlusOne’s free co-parenting app, Separating better along with lots of support on how to deal with difficult emotions, talking to children, housing, finance, and more. There’s also a free parenting plan and a video course to help you work on your communication skills so that you can start to improve your emotional readiness.

Think of it as a set of climbing tools that you can put in your pocket and look at any time you feel stuck on the side of the mountain. The app is available for free at least until the end of January 2026.

About Jimi Odell

Jimi Odell is a writer who has specialised in parenting and relationships for over 15 years. He has worked with the charity OnePlusOne since 2014, creating evidence-based support and interventions to help people get on better. He is one of the creators behind the Separating better co-parenting app, a one-stop shop for separating parents which includes Behaviour Modelling Training videos to help co-parents learn conflict resolution and positive communication skills.

"They'll Be Fine": Why Saying Kids are Resilient After Divorce Isn't the Whole Truth
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“They’ll Be Fine”: Why Saying Kids are Resilient After Divorce Isn’t the Whole Truth

Karen Omand BASoc BAThan CT
Karen Omand BASoc BAThan CT
Co-Founder
Divorceworkshop

I went to a social worker as a teenager for over two years. And yes, it helped. I could finally talk about the horrendous things that happened to me growing up. But the truth? We only scratched the surface. The deeper wounds stayed buried. 

As a child of a high-conflict divorce, I didn’t realise how much the instability and constant tension were shaping me. On the outside, I looked like I was fine. Inside, I was just surviving. 

In my twenties, my mom gently pointed out that I seemed to overreact to little things. She was right. I felt edgy, overwhelmed, and ashamed of how easily I snapped. I had no idea what was going on with me. Was it my parents’ divorce and conflict? My father’s and stepmother’s toxic behavior toward my mom and me, and their need for control? Had this unstable and neglectful environment affected me so much? Yes, apparently it had. 

But here’s the thing: children don’t always show the effects of divorce right away. On the outside, I looked like I was managing. I went to school, had friends, did what I was “supposed” to do. I even made it to university, earned my first degree, and completed a post-grad programme. 

That’s what adults often see as resilience in kids during divorce: a child carrying on, coping, adapting. What’s harder to see is the cost of that coping. 

My story isn’t unique. Many children of divorce appear to be “fine” while silently carrying pain that surfaces years later. And that’s why I want to pause on the phrase we all hear, and sometimes even say ourselves: “Kids are resilient.”

Therapy and Understanding

Four and a half years of therapy later, I began to understand myself better. I wasn’t just “reactive.” I was having trauma responses. My nervous system had learned to survive chaos, and all the emotions I had stuffed away were finally demanding to be felt. 

That’s what unresolved childhood pain and anxiety look like. It doesn’t always surface immediately; it comes out later in our bodies, our emotions, and our relationships. 

And yet, through it all, I kept hearing the same refrain: “They’ll be fine. Kids bounce back”. 

The truth? Resilience doesn’t mean untouched. It doesn’t mean unaffected. It means that for some children, they survive, but survival can carry invisible scars that take years to heal. 

Why We Say It

If you’re a parent going through a separation or divorce, especially a high-conflict one, you’ve probably said it too: the kids will be okay,” or you really hope they will be. 

It slips out almost automatically, a way to calm the fear of not knowing how deeply this might be affecting your child. We don’t always say it because it’s true. We say it because we need it to be. 

And those messages don’t just come from inside us. They echo all around us, through friends, family, teachers, even strangers: 

  • “They’ll adjust.” 
  • “Kids are tough.” 
  • “My cousin’s kids turned out fine.”

Society, too, is uneasy with grief, conflict, and uncertainty. It feels safer to lean on comforting shortcuts than to sit with the reality that children might be struggling. That’s why “Kids are resilient” becomes our shield. 

A Psychological Shortcut

When I was studying for my thanatology degree, I learned about Terror Management Theory (TMT), sometimes explained more simply as the Anxiety Buffer Theory. The core idea is this: when painful truths feel unbearable, our minds cling to beliefs that make the world feel less threatening. 

Take divorce, for example. Parents often reassure themselves with, “They’ll adjust.And while it’s true that children can adapt, this belief often functions as a protective shield for the parent. It eases guilt, fear, and shame about the impact divorce may have on their kids. The danger is that it can keep us from seeing what children really need: emotional safety, reassurance, and consistent support. 

We do this in other areas of life, too. Imagine hearing that a neighbour has been diagnosed with lung cancer. A common first response is, “Were they a smoker?” If the answer is yes, it reduces our anxiety; we can tell ourselves the illness was linked to a choice, which makes us feel safer. But if the answer is no, the truth feels scarier, because it reminds us that illness can strike anyone, even without warning. 

What If They’re Not Fine?

Divorce, especially high-conflict divorce, does affect children. It touches:

  • Their nervous system
  • Their sense of safety 
  • Their ability to trust 
  • Their beliefs about love and conflict 

Not every child shows it right away. Some hold it together because they think that’s their role. But holding it in doesn’t mean they’re okay. 

Resilience isn’t pretending nothing happened. It’s built through emotional safety, consistency, validation, and supportive relationships. 

What Children Need

If you’re navigating divorce, here’s how to support real resilience: 

  • Emotional Safety: Let them feel all their emotions, anger, sadness, relief, without trying to fix them. 
  • Consistency: Keep routines where you can. Predictability is grounding. 
  • Honest Reassurance: Remind them it’s not their fault. Tell them they’re loved. Explain what will stay the same. 
  • Permission to Love Both Parents (if safe): Kids should never feel like they have to choose sides. 
  • Therapeutic Support: Even short-term counseling can give children tools and language to process what’s happening. 

You don’t have to be perfect. You just have to show up, reflect, and let them know it’s safe to be real with you.

Why We Hold Onto “They’ll Be Fine”

Parents usually don’t say it to dismiss their kids. They say it to survive their pain. The alternative, that our choices or circumstances might hurt our children, is heavy. But pain doesn’t vanish when we deny it. It resurfaces later, often in ways we don’t expect. 

My mom probably didn’t know. It was the 1970s, and back then, people assumed divorce was just between the adults and that kids would simply bounce back. She did her best with what she had, and I hold a lot of compassion for what she went through without much support. 

But today, we know better. The effects are real. It’s time to let go of the shortcut phrases, “kids are resilient,” “they’ll bounce back,” as ways to comfort ourselves. Research is clear: resilience isn’t automatic. Children don’t just bounce back from divorce, especially in high-conflict situations. Resilience has to be nurtured through emotional safety, consistency, and support. 

The hopeful part? Research also shows that most children can and do turn out well when they have even one supportive parent who shows up consistently and provides a secure base. One safe, steady relationship can be enough to anchor them and foster resilience. 

Children deserve more than survival; they deserve healing. Resilience isn’t something they magically possess. It’s something we help them build. And the first step is awareness: not assuming they’ll be fine, but committing to helping them become so. 

References 

  • Greenberg, J., Solomon, S., & Pyszczynski, T. (1997). Terror management theory of self-esteem and cultural worldviews: Empirical assessments and conceptual refinements. Advances in Experimental Social Psychology, 29, 61–139.
  • https://doi.org/10.1016/S0065-2601(08)60016-9 
  • Masten, A. S. (2001). Ordinary magic: Resilience processes in development. American Psychologist, 56(3), 227–238. https://doi.org/10.1037/0003-066X.56.3.227

Disclaimer: This blog reflects my personal experiences and research. It is not a substitute for professional medical, psychological, or legal advice. If you or your children are struggling during or after divorce, please reach out to a qualified mental health professional for support.

Read more articles by Karen Omand BASoc BAThan CT.

About Karen Omand BASoc BAThan CT

Karen Omand holds a rare university degree in Thanatology and a B.A. in Sociology. She is the co-author of the “Just Separated Divorce Workbook,” coming out this October, and co-founder of The Divorce Workshop. As a private counsellor and coach, Karen specialises in high-conflict cases, post-divorce abuse, grief, and divorce. Having navigated her own high-conflict divorce, she is also the mother of two lovely daughters.

Supporting Children Emotionally and Mentally During Family Transitions
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Supporting Children Emotionally and Mentally During Family Transitions

Noel McDermott
Noel McDermott
Founder
Mental Health Works Ltd

Mental health expert Noel McDermott examines what our children need through periods of transition; it’s first important to understand what we mean psychologically by a transition. A transition isn’t just a change of something, it is a change that requires an emotional adjustment. To some extent this type of change, a transition, is mediated by age and experience, but there are also some types of change that require an insight into transition, or adjustment needs, for all of us and especially kids. Transition needs affect humans in general and are linked to deep needs we have connected to survival mechanisms. These transition issues generally fall into 3 categories often called central life circumstances:

  1. Home – place of safety and survival
  2. Love relations – family, close friends, romantic partner
  3. Work – meaningful productive activity that is social and has survival outcomes (school, workplace, university)

Changes to these areas will likely produce transitional phenomena which are behavioural and emotional disturbances that might see A) a reversion to previous coping mechanisms (regression) or B) the development of new coping mechanisms (adaptations.) Typically coping mechanisms are designed to manage distress and some will be fine and some might be upsetting or even destructive. Types of coping mechanisms or soothing mechanisms in younger kids that we accept as normal might be:

  • Being clinging
  • Being grizzly emotionally
  • Thumb sucking, return to pacifier
  • Holding on to ‘blankie’

If age appropriate we don’t notice these and assume correctly they will grow out of it, but when they are a little older and we see these behaviours suddenly emerge again, which they can and do through transitions, we might get worried. But, regression is normal when the three central life circumstances are affected as are adaptions. The key question is are they doing something to help? Adaptations in particular may be unhelpful or what we call ‘maladaptive’. Examples might be aggression, self harming, substance misuse, excessive drinking. These might seem extreme but often they might emerge over time. More subtle forms of expressing distress in children in particular would be sleep disturbances, changes on mood, appetite, withdrawal etc.

The question is how do we reduce the risk of disturbance during transition and when it does emerge help our kids and ourselves manage it? These are some key ideas to utilise:

Normalisation – knowing and accepting that transitions can be upsetting allows us to normalise and explain to ourselves and our children what is happening. Often it’s the magnification or catastrophising of the behaviours that is the problem. When we can say, ‘oh this is normal’ during times of change we can manage things better

PPP – plan, prepare and practice. Plan: If you know the change is coming discuss it before it happens, if it’s a big change start the discussions early, some months before. Prepare: Get folk on board with organising the practicalities which facilitates normalisation, discussion and empowerment. Practice: If say moving home, go visit the new place or area. Stay there if possible for a night or two before moving etc. Build an emotional ‘on ramp’ that allows the reality of the change to be grown into, as opposed to an emotional cliff edge where you all fall off and smash into the rocks of the new reality below

Increase soothing and support for all before during and after the change. More movie nights on the sofa, more self care, more massages, more spa days, more friends and fun, more family meets and openness about feelings, tell the school, work and all support networks about the transition and ask for understanding

Refocus on the four corners of health and wellbeing:

  1. Nutrition (hydration) – eat well and regularly (in between the movie night binges of course!)
  2. Sleep and rest regularly
  3. Get moving and exercise
  4. Manage stress with relaxation, massage, meditation

Often adapting these approaches will not only take the sting out, but it will also mean you have no discernible negative transition issues. Or if you do have them, they are less intense and of shorter duration. If there is a history in your children or yourself of mental health issues, eating disorders, addiction etc then it is super important to focus on support and also developing individual plans for those involved around relapse prevention; for example should a mental health professional be brought in to help, should medication be used prophylactically to reduce the risk of relapse?

Read more articles by Noel McDermott.

About Noel McDermott

Mental health expert Noel McDermott is a psychotherapist and dramatherapist with over 30 years’ work within the health, social care, education, and criminal justice fields. His company Mental Health Works provides unique mental health services for the public and other organisations. Mental Health Works offers in situ health care and will source, identify and co-ordinate personalised teams to meet your needs – https://www.mentalhealthworks.net/

Divorce & Disabled Children: Why a Child’s Needs are Paramount
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Divorce & Disabled Children: Why a Child’s Needs are Paramount

Sarah Whitelegge
Sarah Whitelegge
Legal Director
Myerson Solicitors

Why a child’s needs are the paramount consideration on divorce

On divorce, the court will consider a list of factors under section 25 of the Matrimonial Causes Act 1973 when deciding how assets are to be divided.

Section 25 (1) provides that the court must give first consideration to the welfare of a child of the family who has not attained the age of 18.

The Matrimonial Causes Act 1973, Section 52 (1) defines a child of the family as:

  • A child of both parties; and
  • Any other child who has been treated by both parties to a marriage as a child of their family (not including a foster child placed with the parties as foster parents by the local authority or voluntary agency).

The court will have regard to the child’s housing and day to day income needs and such needs may take on a greater significance in comparison with the other factors to which the court must have regard to in cases where the assets and means of the parties are limited.

Factors the court will consider

The court must have regard to all the circumstances of the case and will look at all the relevant issues that are not specifically address in the Matrimonial Causes At 1973 Section 25(2) checklist.

 The Section 25 factors considered by the court on financial provision include the following:

  • The income, earning capacity and other financial resources each party has or is likely to have in the foreseeable future.
  • The financial needs, obligations and responsibilities each party has or is likely to have.
  • The standard of living enjoyed by the family before the breakdown of the marriage.
  • The age of each party and the duration of the marriage.
  • Any physical or mental disability of either party.
  • The contributions each party has made or is likely to make to the welfare of the family.
  • The conduct of each party.

The weight given to each factor depends on the particular facts and circumstances of each case. The objective is to achieve a fair outcome. An equal division of the marital assets may be appropriate where there is sufficient capital to house both parents. In cases where the assets are more limited, the needs of the child may override issues of equal sharing.

Dividing assets in a divorce is rarely straightforward but when a child has significant physical or learning disability, the question of housing is important. If the family home has been adapted with ramps, hoists, widened doorways or sensory safe spaces, it may be impractical ad unsafe to move a child to a new property that is not set up to meet the needs of the child.

Consideration will need to be given as to whether the adapted property should remain with the parent who is the primary carer.

The court will consider expenses associated with the child’s accommodation and basic expenses such as the cost of food and clothing. The court will also have regard to the standard of living of the family and all the circumstances of the case, including how the children are educated.

Section 25(2) above refers to the financial needs, obligations and responsibilities each parent has in relation to a child, but these responsibilities will not disappear when a child turns 18 particularly if a child has lifelong needs.

If a child has a disability, this may constitute special circumstances that may allow a financial provision order to be made that extends beyond their 18th birthday. Additionally, the court may make a maintenance order to meet expenses attributable to the child’s disability provided the criteria set out in CSA 1991, Section 8 (8) are fulfilled.

The court will wish to ensure that adequate provision is made for children with a disability and it may consider making periodical payments order or lump sum order to meet capital expenditure if, for example, any special equipment is required.

Child support for children with special needs

The court has jurisdiction to make orders for maintenance in respect of a child with special needs, notwithstanding the general restrictions upon making periodical payments for the benefit of a child who falls within the jurisdiction of the Child Maintenance Service. The court can make these orders regardless of whether an application for a maintenance calculation has been made.

Nesting arrangements

If separated parents feel that it will be of benefit to their child to provide some consistency, consideration may be given to a nesting arrangement. This involves separated parents taking it in turns to look after their children in the family home while the other parent temporarily lives elsewhere. This means that the child can stay in one home while parents rotate in and out of that home.

For a disabled child, this can be a helpful arrangement as it avoids moving equipment that the child may need and ensures the child remains in a familiar adapted space.

However, what may suit the child’s welfare may not be financially sustainable for the parents long-term and nesting may be a temporary measure rather than a permanent solution.

Planning for transition

Many parents of disabled children will find that support that was available through children’s services may fall away and for separated parents in divorce proceedings this presents an added dimension: financial settlements and child maintenance orders often assume that support for children ends at adulthood, but for many young disabled people their needs remain lifelong.

The Care Act 2014 provides when the local authority has carried out an assessment, information should be provided about whether the young person or child’s acer is likely to have eligible needs for care and support when they turn 18.

The Care Act 2014 sets out when the local authority has a responsibility to meet someone’s care and support needs. The act gives local authorities a legal responsibility to provide a care and support plan (or a support plan in the case of a carer). The personal budget must be included in the plan, and this adds to a person right to ask for a direct payment to meet some or all their needs.

The Children and Families Act creates a birth to 25 years Education, Health and Care Plan for children and young people with special educational needs and offers families personal budgets so that they have control over the type of support they receive.

Practical tips for separating parents of disabled children

On separation it is important to consider the following questions:

  • Should child maintenance or financial provision extend beyond 18 where a disabled young adult cannot support themselves
  • Can any settlement include provision for long-term care, sometimes structured through a trust
  • How should parents balance their own retirement planning against the knowledge that their child may always need financial and practical support

Read more articles by Sarah Whitelegge.

Read more articles by Myerson Solicitors.

About Sarah Whitelegge

Sarah Whitelegge is a Legal Director at Myerson Solicitors, Altrincham, Cheshire. She advises on a wide range of family matters including divorce, dissolution of civil partnerships, financial settlements, separation, co-habitation, pre and postnuptial agreements, disputes regarding children and domestic violence.

She is particularly experienced in matters concerning complex children matters and has experience of dealing with applications for child arrangement orders, prohibited steps orders, specific issue orders, and special guardianship orders.

She has significant advocacy experience, having regularly appeared in the Family Courts representing clients in relation to private law children matters, financial order proceedings and domestic violence matters.

Sarah is a committed member of Resolution and has achieved specialist accreditation in private children law and domestic violence.

For more information about Myerson Solicitors and its Family Team, visit: https://www.myerson.co.uk/personal/family-law

Separate But United - Parenting Post-Divorce
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Separate But United – Parenting Post-Divorce

Richard Bromfield
Richard Bromfield, Ph.D.
Clinical Faculty Member
Harvard Medical School

On a gorgeous spring day, a friend and I walked my dog down Newbury Street in Boston. We passed by a sidewalk café where a young girl sat with her father, eating sundaes, which were what first caught our attention. Two empty chairs were full of shopping bags.

“Divorced father,” my friend said as matter-of-factly as if he’d identified a Dalmatian dog or a vintage ’65 Mustang. Who knows if my friend was right? If I had to bet, though, I’d go with his hunch.

I suspect the majority of divorced fathers do not take their daughters out for lunch and fancy shopping sprees every weekend. But many of the divorced fathers I’ve worked with try to make their time with their children fun. It is often at the father’s place that kids seem to watch movies that aren’t allowed with their moms, eat foods that aren’t allowed at home, and stay up later than they should. You get the picture.

And, of course–I can hear the thunderous protests–political correctness and reality require my proviso that sometimes it’s the other way around, meaning stricter fathers and more indulgent mothers.

When children spend less time at your home and with you, there is a tendency to make the most of it. This fosters an unnatural and unhealthy disequilibrium where the primary home is left to discipline, set limits, establish structure, hold expectations, and perform the harder necessities of family life. The “visitation” home becomes the place for everything else. Divorce can make the “removed” parent feel less central, critical, and essential to the children’s daily life and caring. Not always, of course, but sometimes.

The child, however, needs their parents to be parents and do the important parenting stuff just as much as ever, probably more now. The child needs that parent to be there for all of the things that the same parent might do in an intact home and marriage. Both parents need to nurture, feed, care, support, inspire, and discipline. The out-of-the-primary home parent must be careful that, even when they have limited visitation, they build in room and space for the essentials of everyday life, whether it’s toothbrushing or getting the math problems done or doing that ten minutes of reading or, just as necessary sometimes, to be in conflict that needs resolving. In some ways, a child’s not getting that stuff is tantamount to losing that parent.

If overindulgence is an issue, it’s an issue, divorce notwithstanding.

Spouses who are divorced can have a wide range of difficulty negotiating and communicating around family life (the same difficulty they had while married). Strive to get over it, or at least, create enough space to discuss, problem-solve, and implement parenting plans in collaboration. Children do not need their parents to be in perfect synchrony. The goal is not for two parents to live and parent as one.

Do your utmost to uphold your end of the parenting equation, even if you dislike your ex. If, for example, your ex confronts you about having no bedtimes for your elementary-school-aged children, try looking in the mirror and being candid with yourself before going into a rant about what you judge to be your ex’s uptight and critical view of parenting. Even if the two of you couldn’t get along, could your ex maybe be right that you have difficulty getting the kids to bed at a reasonable time? Even if, in your opinion, your ex fails to do so much else, can you possibly note and say Good job for the way they managed some situation with your child?

Strive to do what’s needed, regardless of what your ex does. Children know the score, and at the end of the day (more like in adulthood), they will acknowledge the good parenting that came their way. Resist battling via the children. Avoid competing for their love with lenience or indulgence. This is sure to cause your children harm, sometimes big harm, and instill all the wrong messages about love, relationships, and life. Divorce itself shakes a child’s world.

Children who undergo divorce want to know that their relationships with both parents are strong and secure and not susceptible to bribery. Love me enough, to not just buy me things, but to deal with the real (parenting) stuff I need to grow well.

In my experience, I have seen several fortunate sets of divorcing and divorced parents who’ve taken their life transition as a challenge to their parenting, specifically their indulging of their children. These parents took the divorce as an opportunity not just to separate from their spouse, but to reassess their parenting. They each recognised that the guilt, pain, and distraction of divorce can lead to more lenient, aimless, and indulgent parenting, especially as the hurt of a divorce makes husband and wife, father and mother, needier for their children’s love and attention. Instead of surrendering to those untoward forces, these parents committed to a joint enterprise of guarding against their competition for the child’s affection and approval.

If there’s one single Golden Rule for divorced parents, it is to try one’s best to respect and honour the child’s love for the other parent. Nothing can make a child feel more loved by and devoted to one parent than that parent’s allowing the child to love the other parent.

I realise that this expects a lot, maybe too much of people who have experienced a lot of hurt. But what else is there to do?

About Richard Bromfield

Richard Bromfield is a clinical faculty member of Harvard Medical School, he is author of Playing for Real: Exploring Child Therapy and the Inner Worlds of Children and How to Unspoil Your Child Fast (2025).

Help Shape the Future of Support for Separated Families
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Help Shape the Future of Support for Separated Families

Soila Sindiyo
Dr Soila Sindiyo
Counselling Psychologist and Founding Editor of The Divorce Magazine

We’ve been contacted by Dr Sarah Foley, Lecturer in Developmental Psychology at the University of Edinburgh, about an exciting new research project exploring parenting after divorce or separation.

The Parenting After Divorce or Separation Study aims to better understand family life and children’s wellbeing in different post-separation child arrangements, particularly in families who have not gone through the court system.

This research will help inform future support for separated parents and their children, filling an important gap in what we know about post-separation family experiences.

Who Can Take Part?

The research team is looking to hear from parents who:

  • Have children aged 4–8
  • Live in Scotland or England
  • Are comfortable taking part in English
  • Have been separated for at least six months
  • Have regular contact with their child
  • Do not have a court-ordered child arrangement

What’s Involved?

If you take part, you’ll be asked to:

  • Join a confidential online interview and complete a survey
  • Optionally involve your child in child-friendly storytelling or game-based activities

(These are completely optional and designed to be fun and engaging for children)

Participation is entirely voluntary and confidential.

How to Get Involved

If you meet the criteria above, or know someone who does, you can learn more and register your interest here.

For questions about the study, you can contact Dr Sarah Foley directly at:
sarah.foley@ed.ac.uk

We’ll be sharing the findings of this important research once the study is complete. By taking part, you’ll be helping to build a deeper understanding of how separated families live, parent, and thrive, and how support can be improved in the future.

When You're Becoming a Stepparent, Be Present and Patient
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When You’re Becoming a Stepparent, Be Present and Patient

Tucker Lieberman
Tucker Lieberman
Writer / Researcher
Custody X Change

When you’re partnering with someone who already has a child, you can expect to play a significant role in that child’s life. As you move in with and marry your partner, your involvement with their child is likely to increase. The child may not feel comfortable with you immediately, and it’s OK to take it slow. Patience, compassion and steadiness make a big difference. 

Starting slow as a new parental figure

Children appreciate when adults take an interest in them. While you’re first getting to know your partner’s kids, observe the family dynamics and learn what the kids are like as individuals. You may not need to be hands-on at first. Just be present and actively witness what their family life is like. Gradually become part of it.

You might be inclined to give the children treats as a way of gaining their goodwill. However, spoiling them can make you a “Disneyland stepparent” — with your partner doing the hard work of child care, while you’re there for TV, ice cream and outings. This won’t be a good long-term dynamic, as it sets unrealistic expectations and leaves everyone frustrated.

At an early stage in your stepparenting role, you can simply affirm or gently enforce existing household rules. Later, you may take a more active disciplinary role. 

No one can force a child to feel a particular way about their stepparent. You can’t choose a child’s feelings nor when those feelings change. That shift may be internal and private to them, or they may share their feelings about you with other people they trust rather than conveying them to you directly.

Nonetheless, a parent can say that their child has to respect and obey their stepparent, while a stepparent can support and reinforce parent–child relationships.

Family intimacy grows over time. Hugging and other expressions of affection may happen when they seem natural or appropriate.

Meanwhile, keep putting effort into yourself and your new marriage.

  • Practice self-care. You matter too, and you show up best for others when you value yourself.
  • When you’re upset, take responsibility for your own feelings. Don’t make a child reassure you, predict your moods or accommodate your needs.
  • Pay attention to your spouse. It not only develops and deepens the relationship between the two of you, it enables you to show up for the kids too.
  • Encourage your spouse and their ex to cooperate on parenting matters. If they handle issues out of court, great. Don’t escalate drama.

Form a new sense of who you are as a family

Consciously choose your language. Your stepchild can give input on what they feel comfortable calling you — your first name or something else. This might be a part of your relationship that you can co-create.

Similarly, think about how you name your relationship to them. Originally, they were your partner’s kids. Once you’re married, you might call them your “stepkids”, but if the word “step” doesn’t feel right, maybe you refer to them as “our kids” or “the kids.”

You and your spouse should support the child’s other family relationships. Sometimes a stepparent adopts their stepchild, becoming the legal parent, after which (depending on the situation) the child may or may not have any contact with the former parent. But if the other parent will remain in the picture and you’ll remain the step-parent, you should enable appropriate parent–child contact.

It’s in the child’s best interests to keep their family connections, even if they don’t yet understand that. Respect those relationships and help preserve them. Don’t try to replace other important people in your step child’s life, especially their other parent. The child may suffer real loss when people come and go. Don’t give them a reason to resent or blame you later.

Allow your step child to have private time with both of their parents: your spouse and your spouse’s ex. Start your own unique activities with the child so they can come to understand and appreciate you as an individual.

As a married couple, when you welcome the kids back to your house after they’ve visited their other parent, respect the time they may need to settle back in. Handovers can be stressful, sad or confusing. You don’t have to pretend otherwise and push the kids to socialise if they need time to rest. Empathise, acknowledge their feelings and connect with them. And don’t interrogate the kids about what they did with their other parent.

If you’re bringing your own children to the marriage too, reassure them that your love for them won’t diminish just because you’ve remarried and have new stepchildren. Find ways you can all merge into a family. Kids of similar ages may form special bonds with each other.

Stepparenting is a role in which you’ll not only support your stepchild’s growth — you’ll grow too. Your stepparenting will be a big part of your family’s future.

Read more articles by Tucker Lieberman.

Read more articles by Custody X Change.

About Tucker Lieberman

Tucker Lieberman is a Writer / Researcher for Custody X Change. After a decade with an investment company focusing on saving for university, he now writes about co-parenting arrangements.

About Custody X Change: This powerful tool helps divorced and single parents create parenting plans, track their custody schedules, manage expenses and more. Since 2005, we’ve helped over 60,000 parents ensure the best possible future for their children.

Strengthening family bonds post divorce – how conversations about boundaries can help (and how to have them!)
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Strengthening Family Bonds Post-Divorce: How Conversations About Boundaries Can Help

Jo Harrison
Jo Harrison
Divorce Consultant and Relationship Therapist
Family Law in Partnership

On a recent walk with this article in my mind, I noticed that the trees that were planted locally to me for the Jubilee had grown so tall and green since they were tiny little seedlings a few years ago. Inside a circular fence to protect them from deer, I couldn’t help but think how it is the healthy boundary in place around these trees that is supporting them to grow. When we have helpful boundaries in place, it can help us grow, and our relationships too. Healthy boundaries are an investment for our relationships. In this sense they are different from the fence that keeps the deer out, because healthy boundaries aren’t just about keeping people out. They are about helping us to feel more able to show up in our relationships. They help to make the relationships that we want to keep grow and flourish, rather than become places that we try to avoid or feel resentful about. 

Of course, there will be some relationships in our life that we won’t want to invest in and will want to walk away from. But in divorce it can be quite difficult to walk away, especially where children are involved. Not just the relationship with a co-parent, but also with the wider family. In order for these relationships to be supported post-divorce you might want to focus on trying to set healthy boundaries. 

When I work with couples who are separating, who are able to talk to each other and discuss things with each other, healthy boundaries evolve out of them being able to air each of their concerns, acknowledge them, listen to them, and plan around them. For example, they might have a conversation about how they are going to live in their home together until it is sold, addressing aspects like how they are going to communicate about their comings and goings, how they are going to share out childcare responsibilities between them, even what the deal is when the milk runs out. When these things are worked out mutually and clearly and the agreement is stuck to it can really support the atmosphere in the house during this period of their lives, which is often difficult. Call them ground rules, call them boundaries – what we are really talking about is how we can make this situation work for everyone.  

What strikes me about these conversations is that there is a lot that may not have needed to be discussed in such depth when a couple were together, but once a couple separate, paradoxically, there can be more to discuss and more boundaries to set. Don’t assume your partner is a mind-reader – it is helpful if you can be clear about what works for you.

Of course, it isn’t always possible to have these conversations in a straightforward way or without the help of a third party, so here are my tips to support productive conversations about boundaries:

  • Use “I” statements to support not putting each other on the defensive. For example, instead of “you’re so annoying, why do you keep emailing me so much, you have to stop”, the shift would be something like “I am struggling to keep on top of all the emails you send me and I wonder if we could do it a different way – perhaps to agree on a time where we put it all into one email at the end of the week.”
  • You don’t have to agree with someone to listen to them and acknowledge where they are coming from. It can really support making boundaries if you can listen to a concern and acknowledge it, because when both people feel heard it’s more likely you will be willing to work to something creatively between you.  
  • Schedule times to talk rather than spontaneously – and if something comes up spontaneously and you feel that you aren’t ready to talk about it just that minute, you can set your own boundary by saying something like “I know it’s important for us to talk about that but I think the conversation will be more useful if I’ve had a bit of time to think about that. Can we talk about it at this specific time?” 

What about conversations that aim to set healthy boundaries with wider family members? The principles above can support these conversations. Sometimes it can feel strange or more intimate than you are used to with members of the family to express your needs or feelings about certain areas of your life. It can be helpful to preface these kinds of conversations with something like “now that we are getting divorced, I wonder if we could have a chat about how it’s going to work when the kids come to stay with you.” There may be some important things you need to explain to be clear with the wider family, and this will be more powerful if it comes from both of you. For example: 

  • We have agreed between each other not to badmouth each other in front of the children. We feel this really supports the children and we would ask you to support us on this. 

With this kind of thing – you can’t really control other people and set boundaries around them. What you are doing is modelling the boundary that you have agreed, and asking for people’s support with doing so, as well as being clear about what you feel it is important. 

In all the relationships around you, take time to think about what matters to you, as the clearer you feel about it, the clearer you will be able to express it to others. Being clear about your needs may not come easily to you, depending on your experiences. Starting small with communicating something that matters to you in a constructive way to your ex, or to a family member, can be the start of practising this muscle.

Read more articles by Jo Harrison.

About Jo Harrison

Jo is a Divorce Consultant and Relationship Therapist with Family Law in Partnership. She is very experienced in working with individuals and couples who are separating.  A former family lawyer, Jo has a depth of experience and understands the legal process, which many if her clients find helpful.

If you would like to enquire about support individually in relation to preparing for a divorce or separation, please contact the FLiP relationship support team at E: therapists@flip.co.uk 

Breaking Up is Hard to Do: Separation, Finances and Children for LGBTQ+ Families
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Breaking Up is Hard to Do: Separation, Finances and Children for LGBTQ+ Families

Joe Ferguson
Joe Ferguson
Family Law Solicitor
Myerson Solicitors

The end of a relationship is never easy, but for LGBTQ+ couples, navigating the legal and emotional aspects of separation can come with distinct challenges. For LGBTQ+ families knowing your rights is vital – particularly if your family has been formed through surrogacy, adoption or other routes that can carry additional legal considerations.

In this article, we explore how separation works for same-sex and LGBTQ+ couples, how financial matters are resolved, and what options are available when children are involved.

Ending the relationship: divorce and civil partnership dissolution

LGBTQ+ couples have had the legal right to marry since 2013 in England and Wales, and civil partnerships continue to be recognised. Both marriage and civil partnerships can be formally ended through the family court – divorce or dissolution, respectively – and the process is now based on a no-fault system. This means that neither party needs to prove wrongdoing for the legal process to begin.

Whether it is a divorce or a dissolution the procedure is the same: an initial application, followed by a conditional order, and finally, a final order to formally end the marriage or civil partnership.

But while the legal framework is the same for all couples, LGBTQ+ individuals may face different questions when it comes to resolving finances and parenting arrangements, particularly when their relationship pre-dated legal recognition.

Financial matters: reaching a fair outcome

Financial settlements can be one of the most emotive and difficult topics to brooch following separation. Like opposite-sex couples, same-sex spouses and civil partners are entitled to a full range of financial remedies. These can include:

  • Lump sum payments
  • Spousal maintenance
  • Property transfers or sales
  • Pension orders
  • A clean break, ending future financial ties

The court will assess the financial resources, needs and contributions of each party amongst other factors, and aims to reach an outcome that is fair and meets the needs of the parties and any children involved.

However, there can be added complexity when considering assets that were acquired before marriage – especially for couples who lived together for many years. Determining whether these assets are “marital” or “non-marital” can become a key issue, particularly where significant property, pensions or savings are involved. Cohabitation alone does not automatically give rise to legal rights, though it is typically taken into account that any period of seamless cohabitation prior to the date of the marriage or civil partnership when determining the length of the marriage. Accordingly, timelines and clear evidence of cohabitation is often required. It should be noted of course that many LGBTQ+ couples were unable to enter into marriage or civil partnership previously owing to the lack of provision within the law for them. Accordingly, these arguments can be important as evidence of the enduring relationship between the parties. 

Children: supporting parenthood in all its forms

For LGBTQ+ families, parenting often involves a range of routes – from adoption and surrogacy to donor conception. These arrangements can create additional legal considerations during a separation.

The starting point is to establish parental responsibility: the legal authority to make decisions about a child’s health, education, and welfare. Biological and adoptive parents usually have parental responsibility automatically, but others (such as non-birth parents in a surrogacy arrangement) may need to apply for parental orders, declarations of parentage or child arrangements orders. 

If both parents are legally recognised, they may choose to agree parenting arrangements voluntarily. Options include:

  • Mediation: This process can help couples reach agreement on how children will be cared for, where they will live, and how contact will work. Mediation is not legally binding but can lead to a more amicable, cost-effective solution.
  • Collaborative law: This process enables separating couples to work together with trained professionals to resolve disputes without going to court. Everyone agrees to work together as a team to resolve disputes without going to court. 
  • Negotiation: working with solicitors, with the benefit of independent legal advice, to work out what would be best for their family, avoiding costly and potentially acrimonious court proceedings.

If agreement cannot be reached, the family court can make a Child Arrangement Order which is legally binding and sets out the child’s living and contact arrangements. The court’s priority is always the child’s welfare.

Planning ahead for a smoother separation

While the legal system provides equality on paper, LGBTQ+ families may still encounter unique issues when relationships end. The reality is that the law in this area is continues to evolve but has not caught up to the social realities of life as an LGBTQ+ person and the unique family dynamics which are increasingly commonplace. The key to navigating these challenges is early advice and a tailored, bespoke approach that reflects the structure of your family, the history of your relationship, and the complexities involved.

If you are an LGBTQ+ individual facing the challenges associated with separation and need assistance, the team at Myerson Solicitors are here to support you with clarity, empathy and practical expertise.

Read more articles by Myerson Solicitors.

About Joe Ferguson

Joe Ferguson is a solicitor in the Family Law team at Myerson Solicitors. He specialises in divorce, financial remedy proceedings, and complex children matters, with particular expertise in supporting LGBTQ+ clients through family law issues with sensitivity and pragmatism.

Navigating Family Changes in a Positive Way
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Navigating Family Changes in a Positive Way

Noel McDermott
Noel McDermott
Founder
Mental Health Works Ltd

Getting a hug during times of change 

One of the most important things to learn about having healthy ways of navigating change is to fully accept that a different set of rules apply to transitions for all humans. Change is perceived by our primitive functioning brain as a threat. Predictability and routine are standard elements in the prescription bundle in modern psychological therapies for treating all forms of psychological distress.
Various words are used for this, containment being a useful one in this context. When distressed we find it difficult to contain our feelings and they can spill over. Imagine your child crying due to something beyond theirs or your control, and you scoop them up and hug them into your arms and gradually the tears subside. You help them contain the distressing feelings. In some ways predictability and routine are like that for us in the background of our lives helping us navigate challenges. Imagine now during the middle of the distress you drop your child and tell them to stop being silly?
Change to our personal circumstances can feel very much like being dropped when we are distressed. So, what can we do to create a new pair of arms to help hug us when we have been dropped? Again, think about your child, somehow, they are ok simply with the hug, it’s not the circumstances that you change, but the feeling in your kid of the capacity to survive and manage. Similarly, it’s not possible to stop the change, it’s happening, but it is possible to manage the emotional distress allowing yourself and others to function better.

What are these new arms holding us?

Normalisation or forgiveness of self and others – it’s normal to be distressed during times of personal change and understanding that allows us to accept that our own behaviour and that of others is based on the distress about the situation and not a moral, personal or psychological failing. It may be that one of the reasons the change is happening is because of another’s unacceptable behaviour in the relationship for example, and it is likely to get worse during the transition. Knowing this and not being unrealistic about how well you or others will cope is crucial in lowering the distress. In the same way that you know your child will be ok in your arms, you too will be ok if held and comforted and being able to link the behaviours to the situation tells us that it will pass.

Transitional phenomena – teddy bears and comfort blankets

When our kids are growing especially during the time they begin to psychologically individuate from the primary carer they develop attachments to special toys or pieces of cloth. These special objects represent emotionally the special relationship to the primary carer and have the advantage of being portable when the carer isn’t. They can to some extent stand in for the actual comforting presence of the carer. These transitional phenomena allow our children to manage this change in reality as the carer is no longer magically available to them. So, allow yourself that or allow that in others. Try to avoid using alcohol, anger or drugs to facilitate the transition and instead stick to warm humans or the equivalent stand by. If you haven’t got an emergency teddy bear in your life, time to get one!

Empowering the embrace of change

There is a large body of evidence to show that people who feel empowered in life manage better, even when they have exactly the same circumstances as others, the outcomes are better. Whilst it is important to risk assess in intimate relationships if we can feel like we have some power over change, and circumstances we manage much better. The key task is something along the lines of accept what you can’t change and change what you can. You can’t for example, change the fact of a divorce, or the fact that the person you are divorcing is behaving in an exaggerated form of the person you wish to divorce but you can say, what is in my power to change here? Maybe you can change your health and wellbeing activities and increase your exercise? Maybe you can reduce your unhealthy coping through drink? Maybe you can engage in random acts of kindness to strangers without possibility of reward rather than spreading your gloom? Finding all these things that you can influence and do will be comforting and help you manage better

Create ritual and structure

Ritual during change is a key strategy that humans have developed through time to help manage the distress of change and unpredictability. Rituals allow us to ascribe bigger meaning to suffering and develop and maintain purpose. This has the impact of reducing both anxiety and crucially depression through loss of meaning. We are meaning making machines and we invest meaning into our relationships with others and if they change, we can lose that invested meaning… but by transferring that to something bigger we can reduce the depression relapse in our functioning. It’s unlikely that your situation has never been experienced by any other human ever before, in fact, millions will have experienced it. Doing even a cursory search you will be able to find how others through common cultural expression have developed meaning in change. You can adapt these to meet your needs.

Compassion and kindness to self

Listen to John Lennon, “whatever gets you through the night is alright” – projecting compassion reduces stress in yourself and improves everything around you—but that compassion has to start with yourself.

Read more articles by Noel McDermott.

About Noel McDermott

Mental health expert Noel McDermott is a psychotherapist and dramatherapist with over 30 years’ work within the health, social care, education, and criminal justice fields. His company Mental Health Works provides unique mental health services for the public and other organisations. Mental Health Works offers in situ health care and will source, identify and co-ordinate personalised teams to meet your needs – https://www.mentalhealthworks.net/

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