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Children Matters
Quick links on this page:
- Free initial meeting
- Fixed-fee children matters services
- Parental rights and responsibility
- Child residence and contact
- Available court orders
- Child support/maintenance
Our family law solicitors are specialists in all matters relating to children and offer expert advice on children issues relating to a divorce or separation including child custody, child contact, child support and parental responsibility.
Issues concerning children can become complicated and can lead to disputes between parents and/or carers. Seeking quality legal advice at an early stage can prevent problems escalating.
Free half hour consultation:
Holmes & Hills expert Family Law Department offer half an hour free consultation*. During this time they will listen to your circumstances, outline your options and advise you on how best to proceed.
*The first half an hour is free, thereafter each half an hour is charged at £75 +VAT.
Fixed-fee services:
Holmes & Hills’ Family Team offer two alternative fixed fee services in relation to children matters:
Full legal advice and support - If you want full support on your children matters, from start to finish, we offer this for a single fixed price. Call our Braintree office to discuss with one of our Family Team how they can help you for a fixed fee.
Applications for court orders – If you require legal support but want to keep your legal costs to a minimum, our Family Team can make applications for court orders (see below) for a single fixed-fee of £75 +VAT.
Parental rights and responsibility:
Child law is heavily focused on the rights of children rather than those of parents. But, if you and your partner were married when the children were born, you both have parental responsibilities. This entitles each parent to see the children, know where the children are living and know about such things as schooling and other aspects of their upbringing.
Mothers automatically have parental rights, as do fathers who are married to the mother and who are named on the birth certificate.
Unmarried fathers of children born after 1st December 2003 have parental responsibilities if they are named on their child’s birth certificate. Unmarried fathers of children born before 1st December 2003 do not automatically have parental responsibility, even if their name is on the birth certificate.
Where the father does not have parental rights, upon separation the mother will normally be given custody over any children.
Parental responsibility can be gained by:
- Marrying the mother of your child
- Applying to the court for a Parental Responsibility Order
- Entering into a voluntary Parental Responsibility Agreement with the mother whereby she agrees to share parental responsibility with the father.
Parental responsibility ceases for both parents when the child reaches 18, or earlier if the court orders it.
Agreeing on child residence and contact:
Where two parents can agree on where and with whom a child shall live, what contact the non-resident parent will have with the child and all other matters concerning the child, it is not necessary to involve the court.
If you are unable to reach agreement, you should seek legal advice from a family law specialist, such as those in Holmes & Hills Family Law Department. They can advise you, negotiate on your behalf and ensure your rights as a parent are protected. Advice and representation from a specialist in family and child law will give you the best chance of concluding your matter successfully.
What if me and my partner cannot agree on residence or contact?
If you cannot reach a voluntary agreement and your solicitor’s attempts to negotiate with your partner have not worked, either parent can apply for a Court Order whereby a judge will decide on the child arrangements to be put in place.
During a hearing at court the judge will hear evidence from both sides and possible others such as social services CAFCASS, who prepare reports to assist the judge in making a decision.
As a parent you can apply for the following Court Orders:
a) Residency Order – where your child should live (child custody):
A Residence Order determines where and with whom a child should live. A Residence Order can state a child lives with a single parent or with both parents for set periods of time. It will automatically give parental rights to the parent granted residency and will end when the child reaches 16, or earlier if the court orders.
b) Contact Order – contact for the non-resident parent (access):
Contact Orders specify what contact a child should have with their non-resident parent; they can include a number of provisions:
- The child visiting the non-resident parent, either through a supervised contact centre, either of the parents’ homes or in a public place.
- The child staying over night with the non-resident parent for a specified period of time.
- The child having only indirect contact with the child either by phone, letter or e-mail.
If you or the child’s other parent breach the contact order, the court can:
- Impose a fine
- Award compensation
- Impose a prison sentence
- Transfer residence to the other partner
A Contact Order will usually cease when the child reaches 16 but it can be altered if the needs of the child change.
c) Prohibited Steps Order:
If you are concerned over the child’s other parent and the way they are dealing with your child, you can apply for a Prohibited Steps Order to stop them doing what you object to. This can include preventing the other parent from removing your child from the country for an extended period of time or preventing associating with certain individuals.
d) Specific Issue Order:
You can apply to the court for a Specific Issue Order on an aspect of your child’s upbringing which you and the child’s other parent are unable to agree upon; for example, which school the child should attend.
When making any of these orders the court will consider the following:
- The feelings and wishes of the child
- The effect of any changes on your child
- The age, sex and relevant characteristics of the child
- The physical, emotional and educational needs of the child
- The harm suffered by the child, or the risks of any harm
- The capability of each parent to cater for the child’s needs
Child support/maintenance:
The Child Support Agency (CSA) is the Government body in charge of dealing with child maintenance for separated families. Separated parents can reach private agreements regarding maintenance payments from one parent to the other without involving the CSA. However, where an agreement cannot be reached or where an agreement is not being upheld, the CSA will become involved.
The rate of maintenance is calculated as a percentage of the non resident parent’s net weekly income as follows:
- 15% for a single child
- 20% for two children
- 25% for three or more children
These rates are reduced if the non resident parent has other children living with them or where they have overnight contact with their child/children for at least one night a week.
The parent with residency of the child or children can apply for an increase in any maintenance payments if they suspect the non resident parent has undisclosed financial assets.
