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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