Children
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The law relating to children has been significantly amended with the Children and Families Act 2014, (CFA 2014) which came into force on 22nd April 2014. The Act has abolished the concepts of ‘Residence’ and ‘Contact’ in favour of ‘Child Arrangements Orders’. It also introduces a presumption, (unless the contrary is shown), that continued parental involvement will further a child’s welfare. However, the overriding principle of the welfare of any children remains of paramount importance.
Section 10 of the CFA 2014 provides that ‘before making a relevant family application, a person must attend a family mediation information and assessment meeting (MIAM).’ In short this means that all clients are expected to attend such a mediation meeting before making an application to Court. |
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COURT ORDERS RELATING TO CHILDREN
The law encourages parents to resolve any arguments between them regarding their children by negotiation and agreement. The court will only intervene as a matter of last resort and then only in accordance with what is in the best interests of the children.
Our experienced team can assist you to negotiate agreements but if it becomes necessary, we can also represent you at Court to obtain any of the following orders.
The law encourages parents to resolve any arguments between them regarding their children by negotiation and agreement. The court will only intervene as a matter of last resort and then only in accordance with what is in the best interests of the children.
Our experienced team can assist you to negotiate agreements but if it becomes necessary, we can also represent you at Court to obtain any of the following orders.
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Parental Responsibility
Having parental responsibility entitles each parent to share in the decision-making process in relation to their children, in particular with regard to important aspects of their lives such as education, religious upbringing and their health. The intention is that the parties discuss any issues relating to their children with a view to reaching agreement on decisions that need to be taken. Unmarried fathers do not necessarily have parental responsibility. They can obtain such responsibility with the written consent of the mother by court order or if registered as the father on birth certificates in relation to children born after 1st December 2003. Child Arrangements Order This order determines: (a) With whom a child is to live, spend time or otherwise have contact; and
(b) When a child is to live, spend time or otherwise have contact with a person Prohibited Steps Order
Such an order is intended to prevent certain events from happening. For example, the court may make an order preventing the child from being removed from the U.K. without the consent of the other parent. Specific Issue Order Such an order will be made when the court is called upon to decide on important issues regarding a child’s upbringing. For example if the parents are unable to agree on the child’s religion, education or change of surname, then the court will decide for them. |
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PROCESS
If mediation fails, then an application can be made to the Court on form C100. There is a Court fee payable however the applicant may qualify for a fee exemption if they are on low income or in receipt of specific types of benefits.
It is worth noting that even when the court is asked to intervene, it will at every stage of the procedure explore the possibility of agreement between the parents. In cases where there is no agreement the court may refer the case to CAFCASS for investigation and the preparation of a report by one of its Child & Family officers.
If mediation fails, then an application can be made to the Court on form C100. There is a Court fee payable however the applicant may qualify for a fee exemption if they are on low income or in receipt of specific types of benefits.
It is worth noting that even when the court is asked to intervene, it will at every stage of the procedure explore the possibility of agreement between the parents. In cases where there is no agreement the court may refer the case to CAFCASS for investigation and the preparation of a report by one of its Child & Family officers.
CHILD SUPPORT AND FINANCE
Responsibility for assessing how much the parent who does not live with the child after divorce or separation should pay towards the support of the child rests in most cases with the Child Maintenance Service (previously known as Child Support Agency). Please refer to the specific section on: "Child-Maintenance-Overview". The amount payable is based upon a set formula taking into account considerations such as level of income, number of children and the number of nights that the children spend time with their parent.
There are some circumstances where the Court can assist with Child maintenance, for example, if one parent lives outside the U.K. or where there is a step-child, or where school fees or ‘top up’ maintenance are required.
It is always preferable that the parents reach agreement on finances for the children to avoid the need to involve either the Child Maintenance Service or the court.
Responsibility for assessing how much the parent who does not live with the child after divorce or separation should pay towards the support of the child rests in most cases with the Child Maintenance Service (previously known as Child Support Agency). Please refer to the specific section on: "Child-Maintenance-Overview". The amount payable is based upon a set formula taking into account considerations such as level of income, number of children and the number of nights that the children spend time with their parent.
There are some circumstances where the Court can assist with Child maintenance, for example, if one parent lives outside the U.K. or where there is a step-child, or where school fees or ‘top up’ maintenance are required.
It is always preferable that the parents reach agreement on finances for the children to avoid the need to involve either the Child Maintenance Service or the court.
To make contact and address your issue: