Client Services : Children

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INTRODUCTION

We deal with the law relating to the responsibilities and proceedings of private individuals in respect of children. A ‘child’ is defined as a person under the age of 18 years.

WELFARE OF THE CHILD

When a Court determines any question relating to:

1. the upbringing of a child; or
2. The administration of a child’s property or the application of any income arising from it;

The child’s welfare is the paramount consideration. Delay is discouraged and no order will be made unless it is considered that doing so will be better for the child than making no order at all.

WELFARE CHECKLIST

Where a Court is considering whether to make, vary, or discharge any of the orders mentioned below, and the making, variation or discharge of the order is opposed by any party to the proceedings, the court must have regard to:

1. The ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
2. His physical, emotional and educational needs;
3. The likely effect on him of any change in his circumstances;
4. His age, sex, background and any characteristic of his which the court considers relevant;
5. Any harm which he has suffered or is at risk of suffering;
6. How capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs; and
7. The range of powers available to the court under the Act in the proceedings in question.

PARENTAL RESPONSIBILITY

Parental responsibility is defined 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. Where a child's father and mother were married to each other at the time of the birth, they each have parental responsibility for the child. Where a child's father and mother were not married to each other at the time of his birth:

• The mother has the parental responsibility for the child;
• The father does not have parental responsibility for the child, unless he acquires it either by marrying the mother, by an order of the Court, by a Parental Responsibility Agreement or, for children born after December 2003, by being registered as the child?s father.? He may also acquire parental responsibility on the mother's death if he is appointed a guardian, or through a Residence Order or an adoption order.?

We can prepare a Parental Responsibility Agreement for a fixed fee.

MAIN ORDERS

There are five main orders, namely:

1. Parental responsibility orders
   A father who was not married to a child?s mother at the time of the child?s birth may acquire parental responsibility by order of the Court.
2. Residence orders
   A residence order is an order settling the arrangements to be made as to the person with whom the child is to live.
3. Contact orders
   A contact order is an order requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other.
4. Prohibited steps orders
   A prohibited steps order is an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court.
5. Specific issue orders
   A specific issue order is an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.

Different procedures and considerations apply in each case so it is important that you obtain specialist advice and assistance.

CHILD MAINTENANCE

The Court has the power to make an Order for child maintenance only where the amount of child maintenance is agreed, and in other very limited circumstances. Otherwise an application has to be made to the Child Support Agency to assess the amount of child maintenance. For expert help in relation to this or any other matter please contact us.

CHILD SUPPORT AGENCY

Child support is calculated in accordance with a statutory formula based on a percentage of the absent parent’s weekly net income. The basic rate for the non-residential parent to pay is:

15% of net weekly income for one child;
20% of net weekly income for two children; and
25% of net weekly income for three or more children.

Those percentages are subject to a limit of child support payable of £300 per week in respect to one child, £400 per week in relation to two children and £500 per week in relation to three or more children.

There is also a system of apportionment where more than one parent with care is associated with the same non-resident parent. The shared care provisions set out the fractions to be deducted from the maintenance calculated, based on the number of nights the child spends with the non-resident parent:

52–103 nights 1/7 reduction
104–155 2/7 reduction
156–174 3/7 reduction
175 or more 1/2 reduction

More detailed information can be found on the CSA’s own website, which contains a calculator: www.csa.gov.uk.

Can We Help You?
For a FREE, NO OBLIGATION assessment of how we can help and how much it is likely to cost, please call us on 01788 576384 or complete our Online Enquiry Form.