Child Arrangements After Separation: The 24 Questions Parents Ask Most Often

When parents separate, one of the biggest concerns is often what will happen to the children.

Questions around where a child will live, how often they will see each parent and what rights each parent has can quickly become overwhelming. Unfortunately, there is also a huge amount of misinformation online which can make an already stressful situation even more confusing.

The reality is that every family is different. What works for one family may not work for another. However, there are some common questions that family solicitors are asked time and time again.

This guide answers some of the most frequently asked questions about child arrangements in England and Wales and explains what parents should know when making decisions about their children after separation.

1. What are child arrangements?

Child arrangements refer to the practical arrangements made for a child following the separation of their parents. This includes where the child lives, who they spend time with and how major decisions about their upbringing are made.

The law focuses on the welfare and best interests of the child rather than the rights of either parent.

2. Who decides where a child lives?

In many cases, parents are able to reach an agreement themselves. Where agreement cannot be reached, the court may become involved and make a decision based on what is in the child’s best interests.

3. Can a child choose which parent they live with?

There is no specific age at which a child can choose where they live. However, the court may take a child’s wishes and feelings into account, particularly as they get older and more mature.

4. Is there a legal right to 50/50 custody?

No. The law does not automatically favour a fifty fifty arrangement. Instead, the court considers what arrangement best meets the needs of the child.

5. What is parental responsibility?

Parental responsibility refers to the legal rights, duties and responsibilities a parent has towards their child. It includes making important decisions about education, healthcare and religion.

6. Do mothers automatically get custody?

No. The courts do not automatically favour mothers or fathers. Decisions are based on the welfare of the child.

7. Can fathers get equal parenting time?

Yes. Many fathers have substantial involvement in their children’s lives following separation. The arrangement will depend on the individual circumstances of the family.

8. What happens if one parent refuses contact?

If parents cannot resolve issues themselves, legal advice should be sought. Mediation may help. In some cases, an application to the court may be necessary.

9. Do grandparents have rights?

Grandparents do not have automatic legal rights to see their grandchildren. However, the courts recognise the important role grandparents often play and applications can be made in appropriate circumstances.

10. Do we need to go to court?

Not necessarily. Many families successfully reach agreements through discussion, negotiation or mediation.

11. What is mediation?

Mediation involves an independent professional helping parents discuss issues and reach agreements without the need for court proceedings.

12. What if my ex and I agree on everything?

If both parents agree, formal court proceedings may not be necessary. However, it can still be useful to obtain legal advice to ensure arrangements are clear and workable.

13. Can arrangements change over time?

Yes. Children’s needs change as they grow older. Arrangements that work for a five year old may not be suitable for a teenager.

14. What happens during school holidays?

Holiday arrangements are often agreed between parents. These can include splitting school holidays or alternating special occasions.

15. Who decides about education?

Parents with parental responsibility should usually be involved in major decisions regarding education.

16. Can a parent move away with a child?

Potentially, but this can be complex. If a move would significantly affect the child’s relationship with the other parent, legal advice should be obtained.

17. Can a parent take a child abroad?

There are legal rules surrounding international travel with children after separation. It is always sensible to obtain advice before making plans.

18. What if my child does not want contact?

The reasons behind a child’s wishes should be carefully explored. Every situation is different and professional guidance may be required.

19. What happens if arrangements are breached?

Where arrangements repeatedly break down, legal intervention may become necessary.

20. What does a judge consider when making decisions?

The court’s primary consideration is always the welfare of the child. Factors can include the child’s needs, relationships, wishes and the likely impact of any changes.

21. What is a Child Arrangements Order?

A Child Arrangements Order is a court order setting out where a child lives and who they spend time with.

We have covered this in more detail in our previous article, What Is a Child Arrangements Order and When Might You Need One?, which explains when an order may be appropriate and how the process works.

22. How long does the process take?

Timescales vary significantly depending on whether agreement can be reached and whether court proceedings are required.

23. How much does it cost?

The cost depends on the complexity of the matter and whether court proceedings become necessary. Early legal advice can often help prevent issues escalating.

24. Should I get legal advice?

Every family situation is unique. Obtaining specialist family law advice can help parents understand their options, reduce conflict and make informed decisions.

Putting Children First

One of the most important things parents can remember following separation is that child arrangements are not about winning or losing.

The focus should always remain on providing stability, security and positive relationships for children wherever possible.

By working collaboratively and seeking professional guidance when needed, many families are able to create arrangements that support both parents and, most importantly, meet the needs of their children.

Written by BP Legal, a trusted family and property law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.

If you would like to speak to one of our experienced team, please call us today on 0116 253 6856 or email info@bplegal.co.uk

What are property searches in the conveyancing process?

When purchasing a residential property, there is more to consider than simply agreeing a price and signing contracts. One of the most important stages in the conveyancing process is carrying out property searches.

At BP Legal, we often find that buyers are unsure what searches involve and why they are necessary. In this guide, we explain what property searches are and how they protect you.

What are property searches?

Property searches are enquiries made by your solicitor to various authorities. They are designed to uncover important information about the property and surrounding area.

In other words, searches help identify issues that may not be visible during a viewing but could affect your decision to proceed.

Why are property searches important?

Property searches provide essential legal and practical information.

For example, they can reveal:

• Planning or building regulation issues
• Environmental risks
• Drainage and water connections
• Nearby developments or road schemes

Without these checks, you could unknowingly take on significant risks.

What are the main types of searches?

Although the exact searches may vary depending on the property, there are several key ones that are almost always carried out.

1. Local Authority Search

This search provides information from the local council, including:

• Planning permissions
• Building control history
• Road adoption status
• Enforcement notices

As a result, you gain a clearer picture of how the property has been used and whether there are any restrictions.

2. Environmental Search

An environmental search assesses potential risks such as:

• Flooding
• Land contamination
• Ground stability

This is particularly important in areas with a history of industrial use.

3. Water and Drainage Search

This confirms:

• Whether the property is connected to mains water and sewerage
• The location of public drains
• Responsibility for maintenance

Consequently, it helps avoid unexpected liabilities.

4. Additional Searches (If Required)

In some cases, further searches may be recommended, such as:

• Flood risk reports
• Mining searches
• Chancel repair liability

Your solicitor will advise based on the property’s location.

Are property searches mandatory?

While searches are not legally required in all cases, most mortgage lenders insist on them.

Even if you are a cash buyer, proceeding without searches can be risky. Therefore, they are strongly recommended in almost every transaction.

Do property searches delay the process?

Searches can take time, depending on the local authority and the type of search requested.

However, delays can often be minimised by:

• Instructing your solicitor early
• Providing required information promptly
• Using experienced conveyancing professionals

Importantly, the time invested in searches can prevent far greater issues later.

Final thoughts

Property searches are a vital part of the residential conveyancing process. They provide clarity, reduce risk, and ensure you are making an informed investment.

With the right legal support, this stage can be handled efficiently, giving you confidence as you move towards completion.

Written by BP Legal, a trusted family and property law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.

If you would like to speak to one of our experienced team, please call us today on 0116 253 6856 or email info@bplegal.co.uk

What are the key steps in a commercial property purchase?

Purchasing a commercial property is a significant investment. Whether you are acquiring premises for your business or expanding a property portfolio, understanding the legal process is essential.

At BP Legal, we regularly guide clients through commercial transactions, ensuring each stage is handled efficiently and with clarity.

What is a commercial property purchase?

A commercial property purchase involves acquiring property used for business purposes, such as:

• Offices
• Retail units
• Industrial premises
• Mixed-use developments

Unlike residential transactions, commercial purchases are often more complex and require careful legal and financial consideration.

Step 1: Heads of Terms

The process typically begins with agreeing Heads of Terms.

This document outlines the key commercial points of the deal, including:

• Purchase price
• Deposit
• Timescales
• Any special conditions

Although not usually legally binding, it sets the foundation for the transaction.

Step 2: Legal Due Diligence

Once terms are agreed, your solicitor will carry out detailed due diligence.

This includes:

• Reviewing title documents
• Conducting property searches
• Investigating rights of way and restrictions
• Raising enquiries with the seller

Importantly, this stage ensures there are no hidden risks that could affect your investment.

Step 3: Financing Arrangements

If you are obtaining finance, your lender will have specific requirements.

Therefore, it is essential to ensure:

• Loan terms are agreed early
• Valuations are completed
• Legal conditions from the lender are satisfied

Delays at this stage can impact the overall timeline.

Step 4: Drafting and Negotiating Contracts

Your solicitor will review and negotiate the contract for sale.

Key considerations include:

• Purchase price and deposit structure
• Conditions of completion
• Liability for repairs or issues
• Timing of completion

At this point, clear communication between all parties is crucial.

Step 5: Exchange of Contracts

Once both sides are satisfied, contracts are exchanged.

At this stage:

• The transaction becomes legally binding
• A completion date is fixed
• The deposit is paid

From here, both parties are committed to completing the purchase.

Step 6: Completion

Completion is when the property officially changes ownership.

On completion:

• The balance of the purchase price is paid
• Keys are transferred
• The buyer takes possession

Following this, your solicitor will deal with post-completion matters, including registration at the Land Registry.

Why legal advice matters

Commercial property transactions can involve significant risk if not handled correctly.

An experienced solicitor will:

• Identify potential issues early
• Negotiate favourable terms
• Ensure compliance with legal requirements
• Keep the transaction progressing smoothly

Final thoughts

A commercial property purchase involves multiple stages, each requiring careful attention. However, with the right legal support, the process can be managed efficiently and with confidence.

Written by BP Legal, a trusted family and commercial law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.

If you would like to speak to one of our experienced team, please call us today on 0116 253 6856 or email info@bplegal.co.uk

What do the latest Commercial Property Law Reforms mean for you in 2026?

The commercial property landscape is evolving rapidly. As we move into 2026, new legal reforms are set to impact landlords, tenants, and investors alike.

Understanding these changes is essential for protecting your business interests.

What Is changing?

Recent and upcoming reforms are focusing on:

• Greater transparency in lease agreements
• Increased regulation of landlord obligations
• Enhanced tenant protections
• Sustainability and energy efficiency requirements

Consequently, both landlords and tenants must adapt to a more regulated environment.

How will this affect landlords?

Landlords may face:

• Stricter compliance requirements
• Greater responsibility for property standards
• Potential limitations on lease terms

However, these changes also encourage better long-term asset management.

What about tenants?

Tenants are likely to benefit from:

• Clearer lease terms
• Improved rights regarding repairs and maintenance
• More predictable costs

That said, tenants must still carefully review agreements to avoid unexpected liabilities.

Why preparation is key

Given the pace of change, early legal advice is more important than ever.

By reviewing your leases now, you can:

• Ensure compliance with new regulations
• Renegotiate terms where necessary
• Avoid disputes in the future

Final thoughts

The 2026 reforms represent a shift towards greater fairness and transparency in commercial property law. Nevertheless, navigating these changes requires careful planning and expert guidance.

Written by BP Legal, a trusted family law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.

If you would like to speak to one of our experienced team, please call us today on 0116 253 6856 or email info@bplegal.co.uk

What is a Child Arrangements Order and when might you need one?

When parents separate, one of the most important considerations is the welfare of their children. In some cases, agreements can be reached amicably. However, where disputes arise, legal intervention may be necessary.

This is where a Child Arrangements Order becomes relevant.

What Is a Child Arrangements Order?

A Child Arrangements Order is a court order that determines:

• Where a child will live
• How much time they will spend with each parent
• When and how contact will take place

These orders replaced what were previously known as “residence” and “contact” orders.

When might you need one?

In many situations, parents can agree arrangements between themselves. However, an order may be needed if:

• Communication has broken down
• There are concerns about a child’s welfare
• One parent is preventing contact
• There is disagreement over schooling or relocation

In such cases, the court’s priority is always the best interests of the child.

What does the court consider?

The court will assess several factors, including:

• The child’s wishes and feelings (depending on age)
• Their physical and emotional needs
• The impact of any change in circumstances
• Any risk of harm

As a result, every case is decided on its own facts.

What should you do first?

Before applying to court, most individuals are required to attend a Mediation Information and Assessment Meeting (MIAM).

Mediation can often resolve disputes without the need for formal proceedings, saving both time and cost.

Final thoughts

Child Arrangements Orders provide structure and clarity during what can be an emotionally challenging time. Nevertheless, wherever possible, cooperative solutions should always be explored first.

Written by BP Legal, a trusted family law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.

If you would like to speak to one of our experienced team, please call us today on 0116 253 6856 or email info@bplegal.co.uk

Freehold vs Leasehold: What do you really need to know?

Property ownership in England and Wales generally falls into two categories: freehold and leasehold. However, there are many misconceptions surrounding what these terms actually mean.

Let’s break it down clearly.

What is Freehold?

When you own a property as a freeholder, you own both:

• The building
• The land it stands on

This gives you greater control and fewer ongoing obligations to third parties.

What is Leasehold?

By contrast, leasehold means you own the property for a fixed period of time, as set out in a lease agreement.

However, the land itself is owned by a freeholder (often referred to as a landlord).

As a leaseholder, you may be required to pay:

• Ground rent
• Service charges
• Maintenance contributions

Common myths explained

Myth 1: Leasehold Is Always Worse

Not necessarily. Many flats are leasehold by nature, and this structure can ensure proper management of shared spaces.

Myth 2: Freehold Means No Costs

While freeholders avoid ground rent, they are still responsible for all maintenance and repairs.

Myth 3: Lease Extensions Are Simple

In reality, extending a lease can be complex and costly, particularly as the lease term shortens.

Why legal advice matters

Whether you are buying, selling, or extending a lease, legal advice is crucial.

A solicitor can:

• Review lease terms
• Identify hidden costs
• Advise on your rights and obligations

Final thoughts

Understanding the difference between freehold and leasehold is essential before making any property decision. With the right advice, you can avoid common pitfalls and make informed choices.

Written by BP Legal, a trusted family law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.

If you would like to speak to one of our experienced team, please call us today on 0116 253 6856 or email info@bplegal.co.uk

How can I protect myself in a Cohabiting Relationship?

Cohabiting relationships are increasingly common across the UK. However, many people are still unaware that living together does not provide the same legal protections as marriage or civil partnership.

At BP Legal, we regularly advise individuals who are surprised to learn how limited their rights can be when a relationship breaks down.

What does Cohabitation mean in Law?

In simple terms, cohabitation refers to couples who live together but are not married or in a civil partnership.

Importantly, there is no such thing as a “common law marriage” in England and Wales. This means that, regardless of how long you have lived together, you do not automatically gain rights to property, finances, or pensions.

Why is this important?

Without legal protection, disputes can arise over:

• Property ownership
• Financial contributions
• Savings and joint assets
• Responsibility for children

For example, if a property is in one partner’s sole name, the other may have no automatic right to remain in the home, even after many years.

How can you protect yourself?

Fortunately, there are practical steps you can take.

1. Create a Cohabitation Agreement

A cohabitation agreement sets out how assets, property, and finances will be handled both during the relationship and if it ends.

Moreover, it provides clarity and reduces the risk of costly disputes.

2. Clarify Property Ownership

If you are purchasing a property together, ensure that ownership is clearly defined. This can be done through a Declaration of Trust, which records each party’s financial contribution.

3. Keep Financial Records

Where one partner contributes more financially, whether towards a deposit or household expenses, it is wise to document this.

4. Consider Wills and Estate Planning

Unlike married couples, cohabiting partners do not automatically inherit from one another. Therefore, having a valid Will is essential.

Final thoughts

While cohabitation offers flexibility, it also carries legal risks. Taking proactive steps now can save significant stress later.

Written by BP Legal, a trusted family law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.

If you would like to speak to one of our experienced team, please call us today on 0116 253 6856 or email info@bplegal.co.uk