Co-parenting Disputes

Jennifer Garner has recently spoken about the difficulties in co-parenting with her ex-husband Ben Affleck. Difficulties with raising children following the breakdown of a relationship are not uncommon and often disputes arise.

What is co-parenting?

Co-parenting is a collaborative parenting approach where both parents remain actively involved in the child’s life and share responsibility for raising that child. Co-parenting will typically include:

• Sharing decisions and responsibilities such as medical treatment, participation in extracurricular activities and schooling.
• Coordinating routines such as homework and bedtimes in order to provide consistency for the child in both households.
• Communicating openly, frequently and focusing on the child.
• Resolving disagreements through compromise and discussion to avoid the child becoming involved in conflict.

Co-parenting Disputes

Co-parenting disputes often arise for a variety of reasons such conduct of one party during the marriage / relationship or how they dealt with the breakdown of the relationship. What is important is that children do not suffer as a result and that it is recognised that there can be long-lasting emotional and psychological impacts for children exposed to difficulties in co-parenting.

Common reasons for disputes between co-parents can include:

• Different parenting styles, including differences in how routines and household rules are enforced.
• New partners and children including blended families.
• How the child’s time is to be divided between each parent, including school holidays.
• Long-lasting emotions from the relationship.

Crucially, co-parenting does not require friendship between ex-partners. It does demand a commitment to keep the child at the centre of decision-making and a focus on their individual needs.

What are the options for resolving disputes?

Try and resolve the dispute between you

If both parents have parental responsibility, they are legally required to be consulted before any major decision is made in respect of the child. 

Any attempt to discuss the matter between you will require some degree of compromise and understanding of the other parties position. Co-parents will also need to remain focused on what is best for the child in light of their age and possibly their own wishes and feelings. However, children should not be brought into adult conflicts. 

This will not always resolve the issue and in some cases, discussions between the parties may not be appropriate.

Mediation

Should co-parents not resolve the issue directly, they can attempt mediation. A mediator will facilitate the discussions and attempt to help the parties resolve the issues without the need for court intervention.

Court 

If direct discussions and mediation have not resolved the dispute, court action can be taken. 

If there is already a court Order in place, enforcement of the terms of that Order may be necessary. If there is no Order, one party may feel it necessary for an Order to be sought which will regulate the child’s time with each parent, resolve a dispute on a specific issue or prevent one parent from taking certain actions.

One parent does not have a right to make unilateral decisions on behalf of the child. The Family Court’s will always encourage co-operation and will always have the child’s best interests at the centre of their decision-making.

How can we help?

Our Family Law Team in Leicester recognise that one solution does not work for all separating or separated parents, and we can tailor advice to your specific situation.

If you need support with your co-parenting disputes, get in touch with our specialist family law solicitors today. You can contact our team by telephone on 0116 247 2000, complete our contact form, or send us an email via info@smithpartnership.co.uk. 

We also have offices across the East Midlands and Staffordshire with family law solicitors, in Burton, Derby, Stoke-On-Trent and Swadlincote.