Children FAQs
Below are a list of frequently asked questions about family law and divorce. Click a question to show the answer.
Children
Q. If I leave will I be allowed to see my children?
A. The starting point is that contact with both parents is desirable, and likely to be in the child’s best interests, unless there have been allegations of, for example, abuse or neglect. If you cannot agree a sensible pattern of contact with your spouse/partner, you can ask the court to step in and make an order. The court will take into account a number of factors, called the “welfare checklist” to decide whether contact is in the child’s best interests. Such factors include the child’s own wishes and feelings and age. Clearly, contact needs to be age appropriate, and if the child is very young, it might be sensible to increase the level of contact gradually.
Q. How much child maintenance will I get?
A. If you have children who live with you, you will be entitled to receive maintenance for their benefit from the non-resident parent. The amount will depend on the Child Support Agency’s guidelines. You can decide whether to use the CSA or agree a figure privately.
For more details, you may wish to look at the CSA website www.csa.gov.uk
Q. Can the children still live with me?
A. Usually if the children are settled with a particular parent, who is their primary carer, the courts will be reluctant to disturb the status quo except in extreme cases, such as where there have been allegations of domestic violence or child abuse. The court does have the power to make orders determining when the child will see his or her parents (contact) and where the child will live (residence) if there is a dispute. Normally, the courts operate a “no order” principle, which means that they will not interfere by making an order unless doing so is in the child’s best interests.
Q. Can the biological father of our child take him away from us?
A. The full question: Myself and my girlfriend conceived our baby with the help of a male friend. He promised he wouldn’t want to be involved with the baby but now is demanding to see him on his own. Can he take our baby away from us? The first thing you have to acknowledge is that this man is the child’s biological father, and this will never change. He does have the right to make applications for Contact via the Courts. The biological father can apply to the Court at any time for a Contact Order, be it now, or in five or ten years time. It is very difficult for me to speculate as to the likely outcome of any Application. What I will say, is that I am almost certain that he could not take your baby away from you. You are your baby’s main carers and the court would have to have grave concerns about your ability as parents to even consider the possibility of this man taking over. We regularly advises couples on parental responsibility issues, call us on 0800 3213832 or email us with your full details. Sorry we do not handle legal aid or publicly funded cases.
Q. As soon as I mentioned divorce to my husband he said he'd stop paying to support our children. Help!
A. As the courts no longer have the power to award maintenance for children it might be better to consider a separation agreement before obtaining a divorce. Such an agreement can include provision for child maintenance, and is enforceable through the courts. Once you have such an agreement you can obtain a divorce afterwards.
Q. If I agree to a divorce from my wife, will she automatically get custody of our children?
A. Custody and access no longer exist in legal terms. The court can no longer award custody of children to either parent, or order the parent who has the day-to-day care of the children to allow access to the other parent. Instead the court has the power to make certain orders which may affect where the children live, how frequently you see them and so on. These orders will only need to be used if you cannot agree with your partner. The first step should be to try and come to an amicable agreement with your partner. If this is not possible you may wish to apply for a Residence or Contact order to secure your rights to contact with your children. Your lawyer can arrange this for you.
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