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Of all the matters which need to be agreed during a divorce, the division of childcare is always the most emotive and contentious. Disagreement and dispute is all too common when a couple try to agree who their children should reside with following separation and these quarrels frequently transform what would otherwise be quick uncontested divorces into their drawn-out, costly and disputed alternatives. This morning, the Telegraph added further fuel to the fire by claiming that divorced fathers are to be denied the right to see their children following the final version of the Family Justice Review being published tomorrow. Fortunately, this claim is inaccurate. No non-resident parent is to be denied their legal right to spend time with their children in the event of separation or divorce. Rather, the recommendation to amend the Children’s Act in order to better reflect the importance of a child having a significant relationship with both parents – which was to be recommended in the final copy of the report – has been dropped for logistical reasons. In other words, all non-resident parents will still have a legal right to see their children following a divorce and will be able to take legal action if the resident parent prevents them from enjoying contact. Provided that a divorcing couple can put the needs of their children first and engage in reasoned discussion, however, then childcare and visitation agreements can be agreed between them before their divorce is finalised. These agreements will be informal in nature and not legally binding, but provided that they are well thought out, address what will be required in the long as well as the short term and both parties are willing to adhere to them, then, in many ways, these informal agreements are better for all concerned that their formal equivalents; the children, in particular. Whilst it was previously believed that a divorce would cause significant damage to a child even if they were still able to enjoy a meaningful relationship with both parents following their divorce, it is now believed that it is actually witnessing conflict between their parents and a lack of contact with either one of these individuals that is more likely to have a substantial and adverse effect on a child. For these reasons, an agreement that will see the children of the marriage afforded regular interaction with both of their parents and encourages both parents to maintain a pleasant relationship is of the utmost importance. When planning such arrangements, it is essential that both the children’s age and logistics be taken into account. Joint custody may seem like a good idea, but such an arrangement is not always in the best interest of the child. Children require stability and routine and whilst this need diminishes as they grow older, it would be unfair to expect a child to reside in two households until they are at least old enough to fully understand the situation. Young children are only likely to reside with the non-resident parent during weekends, but the non-resident parent can still see the child more often by visiting their usual place of residence during the week. Again, this will mean that both of the children’s parents will need to maintain a cordial relationship, but it is very much in the child’s best interest. Further consideration should be given to each party’s location. Many parents will need to relocate following a divorce and if the non-resident parent finds themselves living a significant distance from their child, then regular visits are likely to be impractical. If any non-resident parent finds themselves in such a situation, then whilst they should still make every reasonable effort to physically see the child as soon as possible, they should also supplement this by connecting with the child in other ways such as telephone calls, letters or compute programmes such as Skype as this will help to maintain a meaningful relationship. Ultimately, when reaching such agreements it is advisable that every possible eventuality is considered and that an appropriate plan for each one is agreed. Many informal agreements fail because – in the heat of negotiations – couples forget to make arrangements for key events such as birthdays, Christmases or the school holidays. Many also forget that it may be necessary to alter their agreement as the child becomes older and both parents will need to consider what changes are likely to be needed in the future and also agree to be flexible if any changes are necessary. An informal agreement teamed with an adaptable attitude will not only help a couple avoid the stress of an acrimonious custody battle, but, as previously  stated, is also in the best interest of any children and this, alone, should provide all the motivation needed to resolve any disputes and arrive at suitable and sensible agreement regarding childcare and visitation.