Children and divorce
Our aim is to help separated parents reach a voluntary parenting agreement for their children in a non-confrontational or acrimonious way. However, where an agreement cannot be reached, either directly or through mediation, we can provide legal advice on your options. These might include engaging in negotiations with the other parent or their lawyers, or to prepare and guide you through the court process to seek a Child Arrangements Order.
Areas we advise on include:
- Child Arrangements Orders (previously known as Contact Orders and Residence Orders) to determine where and with whom your child shall live and when your child spends time with the other parent. It can cover indirect contact, such as video calls, as well as dealing with holidays and arrangements for birthdays, Father’s Day, Mother’s Day and Christmas. These are legally binding and enforceable court orders.
- Obtaining parental responsibility for unmarried fathers or step-parents either by entering into a parental responsibility agreement or obtaining a parental responsibility order.
- Obtaining a specific issue order where parents cannot decide on important matters in relation to a child’s upbringing such as education and schooling, religious upbringing, medical treatment, holidays abroad and change of name.
- Where there are concerns that a parent is taking steps that may not be in the child’s best interests such as planning to relocate abroad or in the UK, change of name, a course of medical treatment we can assist with obtaining a prohibited steps order to prevent the parent from making such decisions without the courts permission.
- Relocating abroad with your child or relocating within the UK. If a parent is planning to move abroad with their child and the other parent does not consent, they must make an application to the court for permission to remove the child permanently from the jurisdiction.
- Rights for grandparents and Special Guardianship Orders.
Here are some commonly asked questions we receive about agreeing child arrangements:
Mothers automatically have parental responsibility. A father will have parental responsibility for your child if they were married to the mother at the time the child was born, or named on the child’s birth certificate after 1 December 2003. If you are not married or your child was born prior to 1 December 2003, you can acquire parental responsibility by entering into a parental responsibility agreement with the mother or re-registering the child’s birth. If the mother does not agree, you should apply to the court for a parental responsibility order.
If you cannot agree on arrangements directly, you can attend mediation to try and reach an agreement with the assistance of a neutral third party. If mediation is not successful, or is not suitable in your case, you can apply to the court for a Child Arrangements Order to deal with where your child shall live and when they spend time with each parent. There is a requirement to attend a Mediation Information and Assessment Meeting (MIAM) at a local mediation service prior to starting court proceedings. Please contact us for further information on the court process. A Child Arrangements Order will usually last until your child is 16 years old (although in rare cases it can last until age 18) and whilst intended to remain unchanged, they can be varied in certain circumstances, such as if a parent moves for work reasons.
If you are able to agree on child arrangements, you will not need the courts to become involved. You can set out the terms of the agreement in a parenting plan or parental agreement if you would like a record. If you would like the agreement to be made legally binding, we can assist you in preparing a consent order and lodging it at court to be approved.
If you have legal parental responsibility for your child, your ex-partner cannot take your child to live abroad (or to Scotland or Northern Ireland) without your consent or a court order. If you do not consent, your ex-partner will need to make an application to the court for permission to remove your child permanently from the jurisdiction. If you have concerns that your ex-partner will take the children abroad without your consent, we can assist with you with making an application to the court for a prohibited steps order. If you find yourself in this situation it is important to get legal advice as soon as possible.
Depending on your child’s age, their wishes and feelings may be taken into account, however the overriding principle is what is best for your child. The court’s will apply what is known as the ‘welfare checklist’ to determine what arrangements should be put in place.
Breach of a Child Arrangements Order is contempt of court and can be punishable by the court imposing a fine, a prison term or unpaid work. Ultimately, the court could order that the children move to the other parent’s home. If your ex-partner is obstructing contact or you wish to enforce an existing Child Arrangements Order, it is important to take legal advice.
The term ‘custody’ is no longer used in the Family Court. The focus is on a child’s welfare and ensuring that a child has a relationship with both parents, if it is safe to do so, under a ‘shared-care’ arrangement. This does not mean however that there is always an equal split of time between the parents.
There is no ‘typical’ arrangement as such as each child is different and the arrangements will need to focus on their needs and individual circumstances. Arrangements can include the child spending alternate weekends with the non-resident parent, and splitting holidays between both parents of the child.
In most circumstances, grandparents or other family members will require permission from the court to make an application. They would need to demonstrate to the court why they wish to have an Order and the benefit to the child if an Order was made in their favour.
You may be liable to pay child maintenance to the parent who has day-to-day care of your child. You can either agree the amount directly or contact the Child Maintenance Service to carry out a calculation. You can also look at the online calculator. Child maintenance is payable to age 18 or 20 depending on when the complete their secondary school education. . The amount payable will depend on the paying party’s gross annual income, capped at £156,000 per annum, the number of children and the number of overnight stays with the paying party. If the paying parent earns more that the CMS income limit, the court has jurisdiction to order a top-up payment.
Our solicitors are here to advise and guide you through the entire child arrangements process. At an emotional time, we can provide sound, sensible legal advice with sensitivity to your individual circumstances.
Our experienced family law solicitors will ensure that you are supported at every step, making an otherwise daunting process manageable.
If you require advice in relation to divorce or a family law matter, please get in touch.
- Tel: 020 8944 5290
- Email: [email protected]