If you are considering divorce, separation or dissolution of a civil partnership, your first concern will probably be about where your children will live and how they will retain contact with both parents.  When you separate from each other, you will both continue to be parents.  Therefore, it is important to try and ensure that you can continue to co-operate on what is best for your children.  This firm agrees with the group 'Resolution' (www.resolution.org.uk) that a constructive approach through the divorce or separation will lay the best foundations for the children to feel settled with the new family relationships. 

Carla Hull Solicitors Limited offer a choice of options for dealing with matters relating to children.  Carla Hull is a qualified Solicitor-Advocate so can assist you effectively throughout a Court process.  In addition she is one of a handful of local lawyers to be qualified in collaborative law, which offers a more flexible and often more civilised manner in which to resolve any disputes.  We can also guide you through negotiations and the mediation process, if either of these options best suit your circumstances.

We will encourage you to attempt to reach agreement regarding the children between yourselves initially.  If matters cannot be agreed we will guide you through the options available to you in order to resolve a dispute.

It may be necessary to make an application to the Court in order to resolve a dispute about a child.  Section 8 of the Children Act 1989 applies regarding the following types of dispute, amongst others:

• Issues relating to where a child should live;
• Issues relating to contact;
• Issues relating to a child being taken on holiday, or abroad to live;
• Issues relating to grandparents;
• Issues relating to schooling;
• An application to allow something to happen or to prevent something happening with a child;

Rather than considering the 'rights' of parents, family law talks of 'parental responsibility' for a child.  If a child's parents were married when the child was born, both will have parental responsibility for the child.  A father who was not married to the child's mother when the child was born, will not automatically have parental responsibility but can acquire it by agreement with the child's mother or by applying to a court (under Section 8 of the Children Act 1989).  New rules from 1 December 2003 say that a father who is not married to the child's mother will acquire parental responsibility if he jointly registers the child's birth.

If an application to Court is necessary, the Court will consider a checklist of factors when deciding what an appropriate Order would be.  Its primary concern would be the child’s welfare.  Thereafter the Court would consider:

- The wishes and feelings of the child (considered in the light of his/her age and understanding)

- His/her physical, emotional and educational needs

- The likely effect of any change in his/her circumstances

- His/her age, sex, background and any characteristics which the court considers relevant

- Any harm which he/she has suffered or is at risk of suffering

- How capable each of parent is of meeting his/her needs.

An independent Child and Family Reporter (known as a Cafcass officer) may be asked to help you resolve the dispute or to help the court decide. The court will not make any order relating to a child unless it is satisfied that making an order would be better for the child than not making an order.

Most family disputes can, however, be resolved without using the courts and we can help you to make suitable arrangements while ensuring that the welfare of the children comes first.

Financial Issues relating to children are also likely to be a factor to consider.  Child maintenance is the standard way to deal with these issues.  There is a Government formula for assessing maintenance, utilised by the Child Support Agency.  The assessment will be reduced down depending on the number of nights the children stay overnight with the non resident parent.  There will be no reduction for overnight stays of less than 52 nights a year.  There will be a one-seventh reduction for overnight stays of between 52 and 103 nights a year and a two-seventh reduction for overnight stays of between 104 and 155 nights.  This continues to an even division in respect of child maintenance responsibilities. 

There is no compulsion upon either parent to apply to the Child Support Agency for an assessment unless the non resident parent is in receipt of income support.  Maintenance can be agreed with your partner to avoid the necessity of involving the Child Support Agency.  However, it is worth noting that as part of divorce, nullity, judicial separation or dissolution proceedings the Court can approve a maintenance agreement.  After a 12 month period either parent can apply to the agency in any event for a further assessment to be carried out.

There are also potential claims available for the benefit of the children, under Schedule 1 Children Act 1989.  These include property adjustment or settlement, lump sum payments and periodical payments.  Usually property exchanged under a property adjustment order would revert to the settlor once the child had reached eighteen or finished full time secondary or tertiary education.  It would therefore been seen as a ‘forced investment’ for the parent for the benefit of the child rather than an outright payment to the other parent. 

To properly advise in respect of what either a realistic Order under this Schedule would be will usually require full and frank financial disclosure.  

Carla Hull Solicitors Limited has extensive experience in advising parents regarding all legal issues relating to their children and we can help you focus upon achieving the best possible outcome for your individual family.