Deciding to separate or divorce is difficult and made even more complicated if you have children together.
Ideally, childcare arrangements should be agreed on an informal basis between both parents. It can be emotional deciding who your children should live with and how often they will see the other parent and we understand that in some cases agreements simply cannot be reached even with the help of mediation. In those circumstances parents have little choice but to apply to the Court.
How do I make child arrangements when I split from my partner?
It is much better for your children if you and your partner can agree on anything that involves your children including who the children will live with, which school they will go to and dividing the costs of their care between you.
If you and your partner cannot make childcare arrangements on an informal basis; then potentially mediation could be beneficial.
Mediation will provide an impartial professional outside of Court who can help parents come to an agreement together. Alternatively, parents can communicate through solicitors and create a Parenting Plan to adhere to for the child or children.
If you have been unable to Reach an agreement, either parent can make an application to the Court for a Child Arrangement Order setting out who the children are to live with and what time they are to spend with the other parent. Be aware that a referral to mediation must have been made before an application to Court is made unless there is an exemption.
What if we can’t agree on a specific issue concerning the children?
If you are a parent, or have parental responsibility, you can apply to the Court for a Specific Issue Order if there is conflict over a decision concerning your child.
The Court can deal with applications such as determining which school your child should attend or whether your child should have a medical procedure.
The Court can also make a Prohibited Steps Order to prevent a parent from doing a particular act regarding the child, this could be changing your child’s name or removing your child from the country or even relocating in England and Wales.
What will the Court consider when making an Order?
The welfare of the child will be the paramount consideration of the Court.
The paramount concern of the Court is the welfare of your children and in making decisions it will consider the wishes and feelings of the children, their needs, the likely effect any change in circumstances will have on them, their age sex and background, any risk of harm, the capability of parents in meeting the children’s needs, and the range of powers available to the Court.
Taking all these factors into consideration, the Court will make a decision that is in the child’s best interests.
I am a grandparent. Can I apply for a Child Arrangements Order (CAO)?
Unless you have parental responsibility, you do not have the automatic right as a grandparent to make an application.
Grandparents must first obtain permission of the Court to make an application for a CAO before beginning the process, whereas parents with parental responsibility, do not need the Court’s permission.
It is only in the rarest of circumstances that the Court will not give permission for grandparents to issue an application.
Who pays Child Maintenance?
If you are the main carer for your children you will be entitled to receive Child Maintenance. Every parent is financially responsible for their child so this payment is mandatory regardless of whether you are married or not.
The sum can be agreed between you both or you can make an application to the Child Maintenance Service for an assessment. The calculation is based on the number of nights a week the child or children spend with each parent; the income of the paying parent; and the number of children.
If the paying parent lives with other dependent children, this is also taken into consideration. The Child Maintenance Service can also help if the paying parent has been assessed but is failing to make payment.
We hope you found this blog informative. If you would like any further advice, you can book your 30-minute initial consultation with a member of our team, free of charge or visit the bottom of our home page to find our contact form.