The needs of children are always of the utmost importance following a family breakdown. The law regarding children focuses on what is in the children’s best interests as opposed to the interests of the parents.

Our family law solicitors can help with living arrangements, the level of financial support, contact arrangements with both parents and other decision-making.

Children’s living arrangements

We can help you to determine who a child should live with and the amount of time the child should spend with the non-resident parent. In England and Wales the legal system encourages voluntary agreements between parents rather than arrangements made through court-imposed orders.

In the majority of cases a child will live mostly with one parent and spend time with the other parent at regular and pre-arranged intervals.  In other cases a shared care arrangement may be in the child’s best interests. Our specialist family law solicitors can help you to negotiate an agreement which is most suitable for your child.

Child maintenance

Also known as child support, this is a consistent financial payment made towards the everyday living costs of the child and is the legal responsibility of all parents even if a parent does not spend time with the child.

The non-resident parent has to make the required payments to the parent with whom the child lives with. In some cases, parents are able to make a private arrangement between themselves. If this isn’t possible the government can use a formula to calculate the amount that should be paid.

If a parent refuses to pay, the parent who the child lives with can make an application to the Child Maintenance Service (CMS)

When it comes to finances, the financial maintenance and contact with your children are two separate legal issues. Child contact is not reliant upon payments of maintenance. It is the child’s right to have a relationship with both of their parents irrespective of financial contributions made.

Orders

You can apply to court for the judge to make a decision on various issues involving your child. A court will only make an order if it thinks it’s in the best interests of the child.

A Specific Issue Order gives instructions about a specific issue that has arisen about a child’s upbringing.  A Specific Issue Order can be used to resolve disputes such as change of a child’s surname, medical treatment, religion, education, permission to take the child abroad, or preventing a person from having contact with the child due to child protection concerns.

A Prohibited Steps Order is an order preventing a parent from making a decision in relation to a child or from doing something in relation to a child.

If you have a Child Arrangements Order and are still not seeing your child then you may be able to apply to the court to have that order enforced.

The rights of unmarried fathers

We can help you understand exactly where you stand and what legal rights you have as a biological father with the aim of establishing contact which is usually considered to be in the best interests of your child.

Parental responsibility is a legal term that describes who has rights and responsibilities when it comes to making decisions that affect a child’s life. Some fathers may not automatically have parental responsibility, but it is possible to obtain it. We can help you if you are in this situation.

Grandparents and their legal rights

Following a separation or divorce grandparents can often be denied access to see their grandchild. We understand that this can be a stressful and traumatic situation.  Our family law solicitors can act on your behalf to help restore frequent contact with your grandchild, whether this be through negotiation or if necessary through court action.