Under-16s Social Media Ban: What It Means for Co-Parents

Family lawyers expect the government's ban on social media for under-16s, due in March 2027, to affect more than teenagers' phones. Speaking to Today's Family Lawyer this week, Anita Hennessey, family law partner at HCR Law, called social media access a "significant issue" between separated parents. She said that once the ban is in place, a parent trying to enforce boundaries is likely to be in a much stronger position in a child arrangements dispute. For co-parents who keep arguing over TikTok, Instagram and YouTube, the law is about to change the conversation.

Why Screen Time Causes So Many Co-Parenting Disputes

After divorce or separation, children often move between two homes with two different sets of rules. One parent may ban phones at the dinner table and check every app. The other may take a more relaxed approach. Each parent's views may be reasonable, but the gap between them can turn into accusations that one parent is undermining the other, or isn't keeping the child safe online.

These disputes rarely stay about phones for long. They tend to feed into wider arguments about how much time the child spends in each home, and that can damage communication between the parents for years.

How the Under-16s Ban Is Expected to Work

From what's been announced so far, the ban will put responsibility on technology companies rather than parents. Platforms will have to stop providing their services to children under 16. In practice this gives separated parents a shared, outside standard. The question will no longer be "your rules or mine" but "what the law allows".

The ban doesn't limit how long children spend on devices more generally, such as gaming, messaging or streaming. Those disagreements won't go away, and parents will still need to agree house rules between them.

How Family Courts Approach Social Media in Child Arrangements

When separated parents can't agree, either can apply to the family court under section 8 of the Children Act 1989. The court can make a child arrangements order about where a child lives and how much time they spend with each parent. It can also make a specific issue order to settle a particular question, or a prohibited steps order to stop a parent taking a particular action.

In every case the court's paramount consideration is the child's welfare. Judges use the "welfare checklist", which includes the child's wishes and feelings, their physical, emotional and educational needs, and any harm they have suffered or are at risk of suffering. Hennessey points out that courts may increasingly look at whether excessive screen use is affecting a child's sleep, schooling or relationships. Once the ban takes effect, a parent who lets an under-16 use banned platforms may find it hard to argue that this is in the child's best interests.

Agree It First: Parenting Plans and Mediation

Court should be a last resort. It's slow and expensive, and conflict between parents is hard on children. In most cases you must attend a Mediation Information and Assessment Meeting (MIAM) before you can apply for a child arrangements order. Family mediation is often the quickest way to reach a workable agreement.

It's worth setting the rules out in a written parenting plan. It might cover:

• Which apps and platforms are allowed in both homes, and from what age
• Agreed limits on screen time and phone-free times, such as overnight
• How parental controls will be set up, and who manages passwords
• How you'll deal with disagreements as the child gets older

A parenting plan isn't legally binding on its own, but courts take it into account. It also gives children consistency, which they need after their parents separate.

What Should You Do Next?

If you and your former partner are struggling to agree on your children's care, including the growing number of rows over social media, early legal advice can help settle things before they get worse. Speak to the QualitySolicitors first contact team. They'll listen to your situation and match you with an experienced family law solicitor near you, who can explain your options, from mediation to a child arrangements order.