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 four children have parents who are divorced and around 650
more see their parents separate or divorce every day. “These statistics
mean that round 2.5 million children are now growing up as part of
a stepfamily, but many parents who separate or divorce are often unsure
as to their rights regarding their children,” said Goss. Here she
answers some of the most frequently asked questions posed by soon-to-be-divorced
mums and dads:
Q) How do we decide where the children live?
A) Goss said: “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.”
Q) My ex-partner is stopping me seeing the children.
What can I do?
A) Goss said: “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.”
Q) What is Parental Responsibility and do I have
it?
A) Goss said: “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."
Q) Will my ex-partner have to pay maintenance
for the children?
A) Goss said: “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.”
Just for you
Joan Goss is an experienced family law solicitor and member of the
Law Society’s Advanced Family Law Panel and specialises in disputes
involving divorce, separation, children and property. Cheshire-based
InsideDivorce.com users can claim a FREE INITIAL CONSULTATION by calling
0161 482 8822, quoting “InsideDivorce.com consultation”. You'll be
invited to Joan's office to talk through your issue. (Joan cannot
give advice over the phone).
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