Most people can agree arrangements for the children between themselves and court action should be a last resort. If your divorce is amicable, you and your spouse will be able to agree a schedule that suits everyone and, most importantly, ensures that your children are able to spend time with both parents.
Depending on your circumstances, this could include overnight stays during the week and at weekends and longer stays during school holidays. There is no set rule regarding the frequency of contact — every family is different and often children have activities themselves. It is important to remember that children like to have regular routines and to know when they are seeing each parent.
You can apply for a child arrangement order which sets out the time the children will spend with you. The court’s priority will always be the welfare of the child. You may have more flexibility in how arrangements are structured if they can be agreed with your spouse ahead of any court proceedings.
If you do want to make a court application you will first need to see whether arrangements can be agreed with the help of a trained mediator. But there is no need to wait this long: mediation can be tried at any time. Mediation at an early stage can save a lot of time and heartache, helping to resolve or at least narrow the issues in dispute.