When a relationship breaks down it creates a whole new set of circumstances for you and your children. There will often be questions about where the children will live and how much time they will spend with each parent. This article sets out the legal position on such matters.
Do we have to go to court?
No, not usually. Parents are best placed to make decisions regarding their children. You do not have to go to court and ideally if there is a dispute you can resolve it through collaborative law or mediation. If you are unable to reach an agreement an application can be made to the court for a judge to decide.
Does the court favour the mother or father?
Neither. There is a presumption that, provided it is safe to do so, both mum and dad should be involved in the child’s life. The court’s focus is on the child and what is in their “best interests”. Shared care orders whereby the child lives with both parents are increasingly common.
What child support is payable?
In the first instance, parents are expected to agree the amount of maintenance to be paid for the children (a family based child arrangement). If they are unable to do so then responsibility for determining the correct amount rests with the Child Maintenance Service. There are some limited circumstances when it is appropriate for the court to make orders for child maintenance. The court also deals with the payment of school fees.
It is sensible to take legal advice at an early stage to assist you when discussing arrangements with the other parent. For further advice on any of these issues please contact Helen Cort in BDB Pitmans’ specialist family team in Southampton on 02380 837707.
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