Divorce is rarely straightforward or painless, but it can be even more complicated and stressful where children are involved.
When a couple separate there are three major issues which need to be addressed.
Which parent should the children live with? When should the children spend time with the other parent? How much money should be paid by the other parent to the parent the children live with?
Obviously it is in the best interests of both parents and children if these issues can be dealt with by agreement between the parents – and the law encourages voluntary agreements in all three of the above areas.
But a legal framework exists to resolve disputes between parents on each issue.
Who should the children live with?
If parents are unable to agree between yourselves who the children should live with it may be helpful to attend mediation.
Mediation, as described by Jordans Solicitors, is a process where an independent third-party, such as a Resolution trained family mediator and solicitor organise a meeting.
This is between both parents, individually or in a joint meeting, to try and help reach an agreement.
Mediation is voluntary, any decision must be made by agreement between both parents and it is not binding.
If an agreement cannot be reached either between the parents with the help of a solicitor or mediator, then they should consider applying to court for a child arrangements order.
After considering the arguments of both parties and the recommendations of Cafcass (a public body which advises the court on the interests of the children), the court can make a child arrangements order specifying where the children should live.
In making any decision about children the court always put the welfare of children first.
This includes the child’s wishes and feelings, their physical, emotional and educational needs, effects any changes may have on the child and the child’s age, gender, characteristics and background.
They also take into account possible risk of harm to the child, the ability of parents to meet the child’s needs and the orders the court has the power to make
When should the children see the other parent?
Following a separation, it is usually in the best interests of the children to continue to see the parent they do not live with. Hopefully, the arrangements for this can be agreed between the parents and often it is helpful to have a set routine, but flexibility may be needed.
If arrangements can not be agreed between parents, either parent can make a referral to mediation to attempt to resolve any disagreement.
If that is not successful they may apply to court for a child arrangements order, where the court will specify when and how often the children should spend time with the parent they do not live with.
Again, the court will put the children’s interests first, and consider the same factors it would consider when deciding with whom a child should live.
How much money should be paid by the other parent to the parent the children live with?
Raising a child is costly, and the law recognises that both parents have a duty to contribute to the financial costs of caring for a child.
Child maintenance is financial support paid by the parent with whom the children do not live with most of the time to the other parent.
As when deciding where the children live, it is hoped that an agreement can be reached between the parents about how much and how often, the ‘paying parent’ pays the other.
If they can not agree the government can compel the paying parent to pay and the law will specify how much should be paid.
The government will apply a formula to calculate how much the paying parent should pay, based on a number of factors, including their income and the number of children. The government have an online calculator, which easily enables you to calculate the amount that should be paid.
Apply to the Child Maintenance Service to compel the paying parent to pay maintenance, but there may be costs to do this.
Image courtesy of vastateparksstaff, with thanks
