No. The court does not have to decide where your children live or who they spend time with in order for your divorce to be finalised. The vast majority of separating parents decide between themselves how their children should divide their time without recourse to anyone else. In those circumstances no order is made governing the children’s time. If parents cannot agree then one of them can apply to the court for a judge to make a decision, although we encourage parents to try mediation or negotiation supported by solicitors before taking such a formal step. In any case, the divorce procedure is entirely separate.