Children

Dealing with a marriage or relationship breakdown is difficult at the best of times, however when the breakdown involves children it can make an already painful situation all the more traumatic.

Balancing the rights of parents whilst at all times considering the needs of the child requires both an in-depth knowledge of the law as well as understanding and compassion.

rhw have a team of family lawyers that can provide sound legal advice and assistance to help you through this most difficult time.

Select the links below for more information:

child support agency

The Child Support Agency is the Government body that monitors, regulates and collects payments from non-resident parties with parental responsibilities for a child or children born as a result of a relationship that has subsequently been broken off. It does this by assessing the parent who does not have day to day care of the child and determining their financial obligation for that child or children.

The formula by which the amount of support is calculated can be complex and the process of enforcement can vary depending on both the ability and disposition of the non-resident party.

The rhw solicitors Family team headed up by Samantha Jago have the knowledge experience and compassion needed to ensure that agreements with the CSA are both fair for the non-resident party and sufficient for the support of the child or children in question.

schedule 1 of the children act 1989

Schedule 1 of the Children Act 1989 provides the parent with day to day care of the child with a means of obtaining financial support for their child over and above the child maintenance provided by theCSA. The act is generally used by parents of a child who were not married but it can also be relied on by parents who were married.

The parent with day to day care of the child can apply to the Court for the following Orders:

  • Additional child maintenance, if the other parent's income is higher than that which the CSA takes as its maximum ("top-up child maintenance"). The parent can apply for help with, for example, school fees or to cover special needs if the child is disabled.
  • A lump sum, providing it is directly relevant to costs incurred for the child; or
  • A transfer or settlement of property. Often this takes the form of putting a property into trust for the mother and child to live in until the child has turned 18 years.

Before the Court makes an Order it will consider the following factors:

  • The parent's financial resources.
  • The parent's needs and other responsibilities, including to any other children.
  • The financial requirements of the child.
  • Any physical or mental disability of the child.
  • The way in which the parents, while they remained in their relationship, intended for their child to be educated or trained.

Generally speaking applications are only made where the non-resident parent is particularly wealthy. Orders are made strictly for the benefit off the child. This is a complex area of law and specialist advice should be sought.

seeing your children

Dealing with a marriage or relationship breakdown is difficult at the best of times, however when the breakdown involves children it can make an already painful situation all the more traumatic. Here at rhw we understand that it can be difficult to agree on arrangements for your child as a result of this.

The law supports maintaining a meaningful relationship with your children and you can expect your ex-partner to regularly see your children unless there are very good reasons to prevent or impose conditions on contact. Contact is the term used for when the parent without the day to day care of the child (the non-resident parent) sees the child.

The parents are first encouraged to try to come to an agreement directly, although this may be difficult, it is often less traumatic for the parents and the child if an agreement can be made in this manner. It may be appropriate to do this in a relaxed, informal location.

If matters cannot be solved by direct discussion, you may wish to consider mediation. Mediation is the resolution of disputes by a mediator who is not the agent of the parties in dispute, but a neutral facilitator who can help the parties agree on the issues and bridge them.

A Mediator will meet with both parents and help each party to reach an agreement and establish a rapport. If either party feels uncomfortable with another, it can be carried out in separate rooms. If you do not wish to attend mediation, your solicitor can work to agree matters and negotiate arrangements on your behalf.

If those steps are unsuccessful in helping you to reach an agreement for your child, a court application can be made. This should be considered as a last resort, as it can be very difficult for you and your children.

The court order you apply for will depend on what it is you cannot agree on for your child:

  • Residence Order - Often referred to as 'custody', this decides where and who your child will live with.
  • A Defined Contact Order - Granting the non-resident parent specified contact with the child.
  • A Specific Issue Order - This determines specific issues you can't agree on, such as where the child might go to school.

grandparents

Grandparents can often lose contact with their grandchildren when their children separate from their spouse or partner, or when one parent dies. The importance of maintaining a relationship with your grandchildren is something we at rhw understand and strive to resolve.

The Grandparents should first approach the mother or father of the children and try to agree when you might see your grandchildren. It may be easier to do this directly in a relaxed, informal location.

If approaching the parent(s) directly does not succeed, you may want to consider Mediation. Mediation is the resolution of disputes by a neutral third person who can help the parties agree on the issues and assist in resolving them.

A Mediator will meet with both the Grandparents and the parent(s) to help both sides reach an agreement that will allow the Grandparents to regain contact with their Grandchildren. If one party is uncomfortable with sharing a meeting, it can be carried out in separate rooms.

In some circumstances a solicitor may write a carefully written letter that sensitively expresses the feelings of the Grandparents to the parent(s) with a view to trying to agree a contact routine.

If those steps are not successful in re-establishing contact, a court application can be made. This is should be considered as a last resort as such an application is unlikely to improve relations, and is done on a formal and legal basis.

In order to apply for a contact order, the Grandparents must first apply for leave to make that application. This is because, unlike parents, a Grandparent does not have an automatic right to apply for a Contact Order.

If leave is acquired, and if your application is considered, an appointment with a Children and Family Court Advisory and Support Service Officer (CAFCASS) may occur to look at any welfare issues that may need to be considered in the courts decision.

The court will only make a decision that is in the best interests of the child, you will therefore need to demonstrate that your relationship with the grandchild significantly benefits their lives.

Our specialists in Children

Samantha Jago
Samantha Jago
  • Member partner
  • T: 01483 302 000
Read more
Elizabeth Leah
Elizabeth Leah
  • Partner
  • T: 01483 540555
Read more
Julian McEvoy
Julian McEvoy
  • Partner
  • T: 01483 540556
Read more
  • Family Law
  • Resolution Mediator
  • Resolution Collaborative
  • Resolution Specialist
  • Lexel Accredited