Arrangements for children after the breakdown of a relationship are usually best decided without the intervention of the court. Any agreement reached can be drawn up into a consent order and approved by the court. That way both parties have a court order to rely on.  It is not always possible, however, for the two parties to agree over living arrangements or what schedule of contact would work best.

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If the parties cannot agree on children arrangements, then the court can be asked to settle the dispute.  Mediation must be considered as the first option.

 

The Children Act 1989

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Under the Children Act 1989 the court has power to make several types of order in respect of children arrangements.  Such orders settle disputes about where a child will live and when a child will spend time with the other parent. The court can also make a prohibited steps and specific issue orders. A prohibited steps order limits when certain parental rights and duties can be exercised.  A specific issue order contains directions to resolve a particular issue in dispute in connection with the child.

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Child Maintenance

If you are in the process of separating from your partner and have children, ensuring their wellbeing and that there is adequate, regular and reliable provision for their living costs, will no doubt be a high priority, regardless of whether you are seeking or providing that support.

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In either case, we are here to act on your behalf and provide you with expert and impartial advice with only one goal in mind, the best outcome for you as our client and your child/children.

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There are several routes to a maintenance settlement. 

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• A private agreement for child maintenance

• An application for child maintenance through the Child Maintenance Service

• An application to the courts for child maintenance

 

Having discussed your options we will help you progress with most suitable option.  If you can reach an acceptable private agreement, this can be a less stressful option and can avoid some costs. However if there is an issue at a later stage these agreements are not legally enforceable.

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Parental Responsibility

The 1989 Children Act aimed to clarify the law regarding rights and obligations regarding children. One of the main new concepts introduced by the Act was that of ‘Parental Responsibility’ (PR).

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The list of responsibilities involved includes care and control of the child, discipline, protection and maintenance, secular education, religious upbringing, and medical treatment.

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All married parents of children (whether born before or after the marriage and including adopted children) automatically acquire PR. An unmarried mother automatically has PR but an unmarried father does not. There are now a number of ways in which an unmarried man can acquire PR for his child. Until recently this could only be either by entering into a Parental Responsibility Agreement or by the courts making a Parental Responsibility Order.

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Parental Responsibility can also be granted to people who are not the natural parents of a child. Anybody whose care of a child is court approved by the making of a residence order automatically acquires PR. In addition, adopters and guardians are given PR and in some circumstances, it is granted to local authorities or even the courts.

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One problem area is whether one person with PR has to consult any other(s) about important decisions affecting a child’s life, such as changing schools or agreeing to medical treatment. The current view of the courts is that if there is any doubt or conflict it is probably advisable to apply for a court order.