Child Law FAQs

Parental Responsibility is defined in section 3(1) of the Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”. In practice, this means having the power to make important decisions about a child’s life, for example, decisions about the child’s education, medical treatment, and religion.

Child Arrangement Orders made since 2008 contain a Warning Notice which explains the consequences of breaching a child arrangement order. The penalties that the Court can impose include fines or imprisonment for contempt of court, orders to undertake unpaid work in the community or orders for financial compensation. However, for those parents wanting to bring such breaches to the Court’s attention, an application for enforcement must be made, for which a Court fee of £215 is payable. 

Parents should also bear in mind that under section 11J of the Children Act 1989, the Court can decide not to make an enforcement order “if it is satisfied that the person had a reasonable excuse for failing to comply with the provision.” Unfortunately, “reasonable excuse” is not defined within the legislation and is therefore open to interpretation and the Court’s discretion.

Parents have a legal responsibility to provide financial support for their children, known as child maintenance. The non-resident parent i.e. the parent who does not have day-to-day care of the child is known as the paying parent and pays financial support to the resident parent who is known as the receiving parent.

How do I know what amount to pay?
You can come to an agreement with the other parent by negotiating with them directly or through your solicitor. However, a voluntary agreement is not legally enforceable should the paying parent stop paying.

Alternatively, you can contact the Child Maintenance Service (CMS) which is a Government service. The CMS will calculate how much financial support is payable and if necessary, can collect the payments from the paying parent and pay them to the receiving parent. However, there is a fee for the collection and payment service. The paying parent will be asked to pay an additional 20% on top of the maintenance calculation, and the receiving parent will receive 4% less maintenance than if the paying parent pays the receiving parent directly through the “Direct Pay” scheme.

Once the CMS has calculated the amount of Child Maintenance payable, if you choose to “Direct Pay” there are no additional fees payable. However, the CMS still has the ability to enforce missed payments.

Does Child Maintenance affect my state benefits?
No, the receipt of Child Maintenance payments will not affect any social security benefits that you are entitled to.

Read more about Children Law Services here.

Mediation is a series of round-table meetings with your spouse or partner and a mediator. The mediator remains impartial throughout, whilst providing a calm, controlled environment in which your voice may be heard. The mediator will not advise you or take sides but will assist you in thinking about and discussing areas on which you both need to reach an agreement.

It is always helpful to see a solicitor prior to starting mediation so that you can discuss your rights and entitlements with them. Also following meditation sessions, you can obtain their advice in respect of any negotiations and proposals that have taken place during mediation, in preparation for your next session.

If you are able to reach an agreement in mediation, the mediator will draw up a Memorandum of Understanding which your solicitor can then convert into a legal agreement that can be sent to the court for approval.

Further information can be found in our fact sheet, find it here.

For more information and helpful advice about the benefits of the topic discussed, read this blog.

CAFCASS stands for Children and Family Court Advisory and Support Service. It is an independent organisation tasked with looking after the interests of children involved in family proceedings.

CAFCASS work with children and their families and advises the court on what it considers to be in the children’s best interests.

For further information about Cafcass and the procedure, click the link here. 

We recommend reading this helpful blog discussing the voice of the child in family court. Find it here.

It is always better for parents to try to work together to agree on arrangements for the children, possibly using Family Mediation to assist them.

A mediator can help parents agree on a Parenting Plan which covers the practical issues of parenting, such as living arrangements, education and health care. If it is not possible to reach an agreement, either parent may make an application to the court for a Child Arrangements Order, but this should be viewed as a last resort.

Refer to our facts sheet about Family Law and Children here.

For advice about co-parenting and ways to make it work, read this blog.

A child arrangements order is a court order which governs with whom the child is to live, spend time, or otherwise have contact and when the child is to live, spend time or otherwise have contact with any person.

For more legal information, click here to read our factsheet.

For more information regarding a Child Arrangements Order, read this blog.

A Parenting Plan is a written agreement worked out between parents when they separate to help clarify the arrangements for the care of the children. It can help to set out practical issues such as living arrangements, education, holidays, and healthcare. Whilst a Parenting Plan is not legally binding, it helps both parents to know what is expected of them and acts as a valuable reference to go back to, should any disputes arise later. Parents can get help creating a Parenting Plan from a mediator or family consultant.

Mothers automatically have Parental Responsibility, as does a father who was married to or in a civil partnership with the mother at the time of conception.

Unmarried fathers do not automatically have Parental Responsibility but this can be acquired by:

1) marrying or entering into a civil partnership with the mother

2) being registered as the father on the child’s birth certificate with the consent of the mother

3) entering into a Parental Responsibility Agreement with the mother

4) obtaining a Parental Responsibility Order from the Court

5) being named as the person with whom the child lives in a Child Arrangements Order

If you are an unmarried father and require advice about obtaining Parental Responsibility, please contact the Family Team on 01273 249200 and they will be happy to assist.

Firstly, when it comes to child arrangement cases, communication between each parent is the first port of call. We cannot emphasise enough that now, more than ever, there is a need to work with the other parent and to look at alternative means of resolving issues that arise between you in relation to the care of the children. 

In our experience, the Court system is currently so clogged up that you are very unlikely to obtain a swift resolution to your contact problem by making an application to the Court. The effects on the Court system of the Coronavirus pandemic are ongoing. Therefore, we would strongly advise only making an application to the Court as a last resort once all other avenues of communication and alternative dispute resolution have been explored. 

In the first instance, we would suggest mediation as a means of attempting to resolve child arrangements. Mediation is likely to be cheaper, less stressful, and far quicker than the Court process. Furthermore, since you will need to continue to co-parent your children for the duration of their minority, minimising conflict and animosity between you is likely to be hugely beneficial, not only to yourselves as individual parents but also to your children.

If parents cannot agree on where their children should be educated, they should first attend mediation to try to resolve the dispute.  If they cannot agree, one or other of the parents will need to apply to the court for a “Specific Issue Order”.

Having heard the evidence from both parents and possibly recommendations from a CAFCASS officer, the court will decide which school the children should go to, making a decision based upon the child’s best interests.

Refer to our Children fact sheet here, designed to help to answer any more queries. For further information about this topic, click this link to visit the government website.

Shared care in child law, formerly a shared residence, means that it is recognised that the child lives with both parents. However, it does not mean that the time the child spends with each parent must be equal.

“Custody” or “joint custody” is terminology used in the American jurisdiction.  In the UK, the legislation refers to “child arrangements orders” which can be “lives with” orders or “spends time with” orders.

For more information about these topics, read our child law factsheet here.

For advice on how to make co-parenting successful, click here to read this helpful blog post.

Separation and divorce can be an especially sad, confusing and stressful time for children and adjusting to seeing their parents in separate homes can be challenging. It is usual for children to have two homes and to move between each on such days and times as can be agreed. If you have always been your child’s primary carer, perhaps because your partner works long hours, it is likely that your child will primarily live with you and spend time with the other parent.

For more legal advice, refer to our family law department factsheet for more info.

For advice on how to support your child during a divorce or separation, click here to read this helpful blog article.