Child Support & Custody Harrow & London, UK
Goodwins Family Law has a wealth of experience in dealing with children's matters. As experienced family lawyers, we are aware that a sensitive, constructive and non-confrontational approach is usually appropriate to resolve the often difficult issues that emerge between separated couples where children are involved. We always advise clients that, wherever possible, there needs to be a continuing positive working relationship between parents, including after separation. Goodwins Family Law is able to provide you with specific advice in relation to your case, including the prospects of succeeding upon any application to the Court. Our areas of expertise include the following: Contact (access arrangements) Residence (with whom the children shall live) Specific issue (for example, the choice of schools) Parental responsibility (making the big decisions about a child's upbringing - previously known as child custody) Prohibited Steps Orders (for example, preventing the removal of a child from a specific school or geographic area) Leave to remove applications (to take a child out of the country for a holiday or to reside abroad) Private Law When relationships break down and children are involved, there are many issues to consider and resolve. The primary duty of the court is to consider what is in the best interests of your children for now and for the future. We understand that the welfare of your child is of paramount importance to you and we offer to you sympathetic but objective advice. It is possible that you and your partner may have strong feelings on aspects of your child's welfare and future. We aim to try and help both parents reach an amicable agreement and provide the specialist advice that you will need. In dealing with children, you may come across the following terms in our discussions or in court forums. The following is only a brief explanation: Parental Responsibility: This is the new concept for responsibilities parents have for their children. It has been conceived to replace the old concept of child "custody" which emphasised the "rights" that a parent had over a child rather than their responsibilities to a child. If you are or were married to the other parent then you will have automatic Parental Responsibility, if not, then you may do. Residence: This is where the child actually lives. It used to be known as "care and control". The present trend is for the court to avoid stating where the children are to live unless there is some dispute between the parents and the court has to adjudicate. It is increasingly common where the court does make orders for these to be shared residence. Prohibited Steps Orders: These are orders which the court can make where it is wished to restrain another person, normally the other parent, in taking some action with a child. Specific Issue Orders: This is where a parent may bring to the court's attention a disputed area of particular concern, for example a question about a child's schooling. Leave to remove applications: An increasing number of parents are seeking the court's permission to permanently remove their children to reside in another country. These applications can also arise on intended foreign holidays. Care proceedings If Social Services consider that any child is at risk, they may wish to bring proceedings in relation to one or more of the children that you have. Child Support Agency The court's abilities to make maintenance orders for children is now severely restricted. Whilst a Court can, with the agreement of both parents, still make a maintenance order for a child, once the order has been running for a year either parent can apply to the Child Support Agency to calculate what should be the appropriate child support payment under the Agency's formula and this will then replace the court ordered figure. The basic formula is that the "non-resident" parent will pay from their net (as defined) weekly income: 15% where there is one "qualifying child" 20% where there are two qualifying children 25% where there are three or more children This calculation can be affected by various other factors, such as the number of nights the child or children stay with the "non-resident" parent. Generally, whilst on the face of it, calculations under the new formula are less complex compared to the old one, there are still very many complications and in some instances a discretion is built into this new system which may affect your case. In cases where there is an international element with the child or one of the parents abroad, it is likely that the court will have jurisdiction over child support. The CSA/CMEC website is helpful and it includes a CSA calculation module. As to maintenance orders for a spouse, these may be open-ended, end at a set date or on the occurrence of a particular event, for example, the children ending their full-time education. All such orders may be increased or decreased to reflec