1st February 2007 (as appearing on the website "Inside
Divorce")
Many parents contemplating divorce are at a loss when it comes
to their rights regarding the children. Joan Goss, solicitor
and head of family department at Abney Garsden McDonald Solicitors,
helps set the record straight.
One in every four children has parents who are divorced. Around
650 children see their parents separate or divorce every day
and over 2.5 million children are now growing up as part of
a stepfamily. Parents who separate or divorce are often unsure
as to their rights regarding their children. Below are some
of the most commonly asked questions:
How do we decide where
the children live?
Parents are encouraged to reach an amicable agreement either
through negotiation via solicitors or through mediation. Where
it is not possible to reach an agreement, either parent can
apply to the Court for a Residence Order. The Court will consider
the welfare of the children to be the most important factor.
The children’s wishes and feelings will be considered although
the weight attached, will depend upon their ages. Research has
shown that parents are much happier with a negotiated agreement
that one imposed upon them by a Court.
My ex-partner is
stopping me seeing the children. What can I do?
Courts consider it the right of every child to have a meaningful
relationship with each parent. When agreement cannot be reached
by negotiation through solicitors or mediation, it may be necessary
to apply to the Courts for a Contact Order. A CAFCASS Officer
appointed by the Court to investigate the difficulties may ascertain
the wishes and feelings of the children.
What is Parental Responsibility
and do I have it?
Parental Responsibility is defined in the Children Act 1989
as being “all the rights, duties, powers, responsibility
and authority which by law a parent of a child has in relation
to the child and property”. Mothers and married fathers
automatically acquire Parental Responsibility. Unmarried fathers
have Parental Responsibility for children born after 1 December
2003 providing that their name is on the birth certificate.
Otherwise, if the parents are in agreement, a Family solicitor
can draw up an official agreement. In the absence of an agreement,
the unmarried father may make an application to court for a
Parental Responsibility.
Will my ex-partner
have to pay maintenance for the children?
If maintenance cannot be agreed, it will be necessary to make
an application to the Child Support Agency. In general, an absent
parent will be required to pay 15% of his net income for one
child, 20% for two and 25% for three or more. This may be reduced
depending on other factors e.g. the number of nights the children
stay with the non resident parent , the existence of stepchildren
etc. The calculation used can be accessed on www.csa.gov.uk.
Alternatively, an experienced family solicitor will be able
to advise you as to how much you can expect.
Joan Goss, an experienced Family
Law Solicitor and Member of the Law Society’s Advanced Family
Law Panel specialises in disputes involving divorce, separation,
children and property. Joan can be contacted on 0161 482 8822
to book a free initial consultation.
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