

Separation is one of those life moments that can feel both huge and weirdly mundane at the same time. One minute you’re figuring out school pick-ups, the next you’re Googling legal terms at midnight with cold tea in hand. 🫖
When kids are involved, everything feels heavier — the emotions, the decisions, the pressure to “get it right.”
We spoke with Antonia Felix, Partner in the Family team at Mishcon de Reya, so you get all the information you need. Let’s take this one step at a time. 🤍
📝 In this article:
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What does “separated parents” mean?
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What are the three types of separation?
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What proof is needed for separation?
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Do I have to go to Court if we cannot agree the arrangements for our children? What are the alternatives?
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Do I have to put my ex-partner's name on the birth certificate?
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Does my ex-partner have a greater influence over the decision making for our children? Is my ex-partner allowed to change our child's surname?
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Can I take our children abroad on holiday without my ex-partner's agreement?
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If there is a dispute about our children, will they have to come to Court and are their wishes and feelings taken into account?
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Which professionals can help us in respect to our children following separation, including helping children cope with the stress of the separation?
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Will the Court make an Order regulating with whom our children should live, beyond their 16th birthday?
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What are the effects of separated parents?
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What not to do during separation
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Separated doesn’t mean broken
At its simplest, separated parents are parents who are no longer in a romantic relationship, but still share responsibility for their children. [1]
That might look like:
Separation isn’t one-size-fits-all — and legally, it’s about the reality of your relationship, not what you call it.
It can — but on its own, it doesn’t automatically mean you’re legally separated.
What matters is the bigger picture: are you living independent lives? Are finances, meals, social lives, and parenting decisions separate?
As Antonia Felix explains: “Separation is assessed by looking at the reality of the relationship, not just living arrangements. Sleeping in separate rooms may be a factor, but it is not determinative on its own.”
In other words: context matters.
There are a few common ways separation shows up, legally and practically — and none of them come with a rulebook, a timeline, or a gold star for “doing it right.” Most families move through one or more of these at different points.
A trial separation is often exactly what it sounds like: pressing pause rather than stop. [2]
Parents might take some space to breathe, think, and see whether the relationship can be repaired. That could mean one parent staying elsewhere for a while, or simply emotionally stepping back while still sharing a home. Parenting usually carries on much the same — school runs still happen, routines stay in place — but the romantic relationship is in limbo.
For some families, a trial separation brings clarity and leads to reconciliation. For others, it confirms that separation is the healthiest next step. Either outcome is valid. Trial separation isn’t a failure — it’s information.
Surprising but very real: not all separations involve moving out.
In a living-together separation, parents stay under the same roof but live separate lives. Bedrooms, finances, social lives, and emotional boundaries are usually split, even if the fridge and Wi-Fi aren’t. This setup is often driven by practical realities — housing costs, childcare logistics, or simply needing time to plan next steps.
It can be emotionally complicated (and, yes, sometimes awkward), but for many families it provides stability for children while parents figure out what comes next. What matters most is clear boundaries, honest communication, and shielding kids from adult tension as much as possible.
Physical separation is what most people picture when they hear the word “separated.”
One parent moves out, two households are established, and parenting time is shared across homes. This is often when more formal arrangements come into play — things like schedules, handovers, holidays, and communication expectations.
While it can feel like the most disruptive option at first, physical separation can also bring clarity. Clear routines, predictable contact, and reduced day-to-day conflict can help children (and parents) settle into a new normal.
None of these types of separation are “better” or more successful than the others. They’re simply different ways families navigate change — often shaped by finances, housing, emotions, and timing. There’s no single right path, just the one that works best for your family right now.
This depends on why proof is being asked for. In some legal or financial contexts, you may need to show that you’re separated. That proof might include:
As Antonia puts it: “There is no single piece of evidence that proves separation. It is assessed holistically, based on how the relationship operates day to day.”
Translation: real life counts.
Whilst sometimes disagreements about children result in court proceedings, this should be a last resort and there are a number of alternatives.
Parental responsibility defines the rights and responsibilities that an individual has in respect to a child and determines who has decision-making power in matters such as education, religion and medical treatment.
The birth mother of a child automatically acquires parental responsibility at birth.
This doesn’t apply to the father or non-birth mother (in the case of a same-sex female couple), unless they were married or in a civil partnership with the mother at the time of the birth.
If the parents are unmarried, the mother isn’t required to enter the father or non-birth mother's name on the birth certificate and if she doesn’t, the father or non-birth mother will not then have parental responsibility.
Despite this, there are applications which can be made in order to obtain parental responsibility.
However, the position can be complex, depending on the precise circumstances of the child's conception and the marital status of those involved.
Provided both parents have parental responsibility, any important decisions in respect to the child must be made by the parents jointly.
The consent of all those with parental responsibility is required in order to change a child's surname.
If agreement cannot be reached as to a child's surname the parent seeking the change of surname would need to issue an application to Court.
The Court's primary focus in determining such a dispute will be an assessment of what is in the child's best interests.
👉 Read more: Blended Family Life: What Works, What Doesn’t, and Why
Neither parent should take children abroad without the other parent's agreement.
The exception to this is in the event that a parent is named as a person with whom a child is to live in the context of Child Arrangements Order.
In those circumstances, that parent has right to take the child abroad for up to one month without the consent of the other parent.
Even in those circumstances, that parent will be expected to notify the other parent of the full holiday details in advance.
One of the factors the Court is required to consider in any dispute are a child's wishes and feelings taking into account their age and understanding.
Therefore, there is likely to be greater weight attached to the views expressed by a 12 or 13 year old compared to a child of 3 or 4 years old.
It will typically be the case that a Cafcass Officer (Children and Family Court Advisory and Support Service: a Court appointed officer, frequently with a social work background) will speak to the children in the context of preparing a 'welfare report' in order to discover their wishes and feelings. [6]
There are rare occasions in which a Judge will speak to the children in a case, this will normally be older children.
Many schools will have therapeutic support available.
If that isn’t available, consideration should be given to appointing a child therapist or psychologist separately.
Normally, parents would meet with the child therapist or psychologist first to work out the most appropriate way forward, including whether the child therapist should meet with the child.
If any form of medical intervention is required, this will likely be following a GP referral in which case the involvement of a psychiatrist may become necessary.
Together with individual child therapy, there is also the option of family therapy to assist difficulties with overall family dynamics.
The involvement of any professional in respect to a child would require the parents' joint consent provided they both had parental responsibility.
The Court will not make an Order regulating with whom a child is to spend time, which goes beyond a child's 16th birthday unless the circumstances of the case are exceptional.
In relation to cases involving children in their teens (particularly those aged 14 – 16) the Court will increasingly take their wishes and feelings to be determinative and may refuse to intervene, as it will take the view that it cannot force a child within this age bracket to do something.
Let’s be honest — separation is a stressor. For everyone.
For parents, it can bring grief, anger, guilt, relief, or all four before breakfast. For kids, it can mean big feelings, questions, and changes to routine.
Common short-term effects on children may include:
But here’s the important part: long-term outcomes are shaped far more by how parents separate than whether they do.
Children tend to do best when:
Short answer? Yes. Absolutely.
Kids don’t need perfect families — they need emotionally safe ones. Many children thrive with separated parents when they aren’t caught in the middle, don’t feel pressure to “choose sides,” and can rely on both parents showing up for them emotionally and practically.
As Antonia explains, “Children are resilient. What harms them most is ongoing conflict between parents, not the fact of separation itself.”
Happy kids aren’t created by staying together at all costs — they’re created by adults doing their best with honesty, consistency, and care.
This bit really matters, so let’s say it clearly — and kindly. When emotions are high and everything feels tender, these are the things that can unintentionally make separation harder for kids (and for you).
And maybe the hardest one of all:
You’re allowed to struggle. You’re allowed to ask for help. And you’re absolutely allowed to not have all the answers yet. Showing up with care, honesty, and effort is already doing a lot more right than you might think.
Separation can feel lonely — but you’re not doing this in a vacuum.
There are legal options. There is support. And there are so many parents walking this road alongside you.
On Peanut, you’ll find people who get it — whether you’re co-parenting peacefully, parallel parenting for sanity, or just trying to get through the week.
You don’t have to have it all figured out. You just have to keep showing up. 🫶

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Hey, I’m just posting because I’ve got horrendous mum guilt. I have a 3 year old and now a 3 month old. Prior to having my baby, I was out with 3 year old all the time, always busy. That’s obviously not been the case since having baby. We still do go out but I feel like it isn’t as often. Am I just being harsh on myself? I just find it so overwhelming at the minute but don’t want my toddler to feel like the bar has dropped!
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I’m so flustered. My husband and I have been trying to find a church home after moving to Rochester. We are very selective with church homes. we want it to go along with our beliefs , diverse, and have safe childcare. I have 3 toddlers 3 and under so there’s no way we could take them to service without causing a scene. Well today went to a church that we have gone to before. It opened a year ago and we went on the opening day. We didn’t like it too much. It was very chaotic and we said we would give it a chance again one day because it was their 1st day maybe we could try it again in the future. Well today went barely had gas, we were running late to the main church we go to so decided to go to this church that we hadn’t been to in a minute because it worked out better logistically. Well we dropped our 3 sons off and at the end of church we see our son walking in the hall with the pastors wife and another volunteer at the church. He immediately shouts “mama!” I ask “what’s going on”. They proceed to say that “he was found walking outside in the middle of the street following behind a man.” They asked the man is that your son and the man responded no. I am beyond upset. I have always had a hard time trusting leaving my sons with anyone. I have gotten better over the years because I feel I have no choice when it comes to us going to church. We spoke to daycare teacher and she repeatedly apologized right along with the pastors wife. It still just doesn’t feel good enough. They gave us stickers to confirm that the child belongs to us and somehow that still didn’t work. We have no idea how my son just slipped out of the childcare room and ended up outside in downtown Rochester. If anyone has any idea on what we should do that would be much appreciated. Keep in mind the rooms are not built for children. The church is having service out of a random older building downtown.
But just know we won’t be back! I’m so upset 😭
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Why does my 3 year olds tongue look like this? It’s always looked like it on and off and has never caused any issues so I haven’t brought it up to any health professionals but I’m just wondering what it is and whether I should be worried about it?
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This is including public toilet. At what age would you let them go on their own inside a cubicle and just wait outside for them?
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So me and my husband having going back and forth with the same issue since 15 years ago, he is distant and doesn’t have much interest in what I do or have to say. He is either on his phone or sleeping when there is time for us to spend together. He provides and is a good dad, spends time with the kids. He only pays attention to me just before he wants to get intimate. I am sick and tired of been lonely in this marriage. I have given my all, I am a good wife and mother. I have reached a point of not reaching out anymore. I do worry for the consequences of our marriage totally firing once I act the way he does too bu it’s exhausting from my end. Anyone else going through this. Divorce isn’t an option yet as the kids are young and it’s highly impractical to be a single mum for me. What to do, to survive this marriage?
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My partner changed his mobile phone number yesterday, which he told me about in the morning. He still has not given me his new number. Today whilst at the shops he refused to come in but after 20min of us shopping instead of sending or calling me to find out where we were, he came looking for us. Is this odd behaviour or what??
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