Family Law Articles & Advice

It may surprise some people, but family lawyers are regularly asked the question ‘how do I prepare to separate?’ The earlier you speak to a divorce solicitor about a planned separation, the more the lawyer can help you reach an informed decision about whether to separate and assist you in making your separation as painless as possible. For specialist family law advice, call Evolve Family Law or complete our online enquiry form. Where to start with planning a separation The obvious place to start if you are thinking about a separation is to talk to your partner, but although that seems the sensible thing to do, it isn’t always the best approach because: You may need legal advice before speaking to your partner because your divorce solicitor’s advice on the potential child custody and financial settlement options may affect either your decision to separate or the timing of your separation. Talking to a counsellor about your relationship difficulties may help you decide if you want to separate, to suggest couple counselling or a trial separation to your partner. Alternatively, counselling may confirm that you want to separate and start divorce proceedings. You may need to take protective action first. This may apply to you if your partner is abusive, has a history of hiding assets, or you are worried that if you tell your partner that you plan to leave, they may take the children or destroy sentimental possessions. If you do decide to speak to your partner about a separation, then it may not come as a complete surprise to them. However, sometimes a partner has no idea about what their husband or wife is planning, so they need time to accept your decision before being able to have a constructive discussion with you about the practicalities of your separation. Talking to your children about the planned separation Knowing when and how best to speak to the children about a planned separation is always a tough decision. Some parents believe it is best not to inform the children about a planned separation until they need to know, for example, when the house goes on the market or when divorce proceedings are initiated. However, waiting to talk to the children can be more unsettling for them, as they may pick up on the atmosphere in the family home or hear things from grandparents or friends, but be too embarrassed or worried to discuss the separation with you. In an ideal world, both parents should sit down together to discuss a separation with their children. That conversation can be challenging because you probably won't have agreed on the parenting arrangements or know if you will be able to stay in the family home with the children. Practical steps when separating Separating from a partner is very emotional, so it can help to focus on practicalities such as: Temporary living arrangements. Parenting arrangements. The financial paperwork you need to sort out a fair financial settlement. The temporary living arrangements You should not leave the family home without first seeking legal advice to determine if it is the best option for your personal and financial circumstances. Your options include: Asking your partner to leave the family home voluntarily. Starting injunction proceedings to get a non-molestation order and occupation order so you can safely stay in the family home until long-term decisions are made and a financial settlement is reached. Applying for temporary spousal maintenance from the court or for child support from the Child Maintenance Service so you can afford to stay in the family home until you can reach a financial agreement or the court makes a financial court order. If your separation is amicable, then it may be possible for you to continue to live together at the family home until you reach a long-term financial settlement.   Whether you both agree to stay at the family home or one of you is moving into rented accommodation or staying with family, you need to reach an agreement on temporary financial matters, including the payment of household bills and access to the joint account. A divorce lawyer can negotiate financial support for you or support you through the family mediation process. The parenting arrangements The temporary parenting arrangements for your children will depend greatly on whether you continue to live together at the family home until you decide what to do with the house. Sorting out the long-term arrangements for the children may not be practical until you know one another’s housing plans and whether, for example, it will be feasible for mid-week contact to take place. Most parents can reach an agreement on childcare arrangements. If you are unable to do so, then a family mediator may be able to help you resolve the dispute. If an agreement is not possible, either parent can apply to the court for a child arrangement order. The financial paperwork You can’t reach an informed financial settlement with your partner until you both have an up-to-date understanding of your financial situation. That may involve finding out things like the value of the family home, the outgoings associated with the family home, the amount you have in savings, or the value of the family business or pension. If you have a financial advisor or accountant, they may have some of this information, such as an investment portfolio document or draft family business accounts. If your partner is not willing to provide financial disclosure, then you can apply to the court for a financial court order. The family court will require your spouse to complete a Form E document and provide financial disclosure as part of the court process. You might also be interested in [related_posts] Understand your separation options Before deciding to separate, it is helpful to understand your separation options and the ways to reach an agreement on custody and parenting arrangements, as well as your financial settlement. When it comes to separation, your options are broadly: A trial separation. A permanent separation. If neither of you wants to initiate divorce proceedings, you may want to record any agreement reached regarding the family home, other property, and financial support in a separation agreement. Starting divorce proceedings. During divorce proceedings, a court may be asked to issue a financial court order to record the terms of any agreed-upon financial settlement. If you can’t reach an agreement through negotiation or family mediation, the court can decide how your assets and property should be divided and make a financial court order.   It is often assumed that if you go ahead with a separation that you and your partner will end up in court proceedings over custody of the children, who gets the family home or whether you will get a share of your spouse’s pension. However, experienced Manchester divorce solicitors say that you don’t have to end up in court. It is often possible to reach an agreement over starting divorce proceedings, the parenting arrangements for the children and the financial settlement through taking legal advice and getting your solicitor to negotiate a parenting plan and financial settlement or advising you about your legal options during family mediation. Seeking advice on your separation can provide you with the information you need to make an informed and supported decision about whether to separate and how to best plan for your future.   For specialist family law advice, call Evolve Family Law or complete our online enquiry form.

If you are separating or divorcing and have questions about how your husband or wife’s behaviour will affect your financial settlement, then the divorce solicitors at Evolve Family Law can help you.  Call Evolve Family Law or complete our online enquiry form. Divorce proceedings and unreasonable behaviour Since the introduction of no-fault divorce proceedings, all you need to say to obtain a divorce is that, in your opinion, your marriage has irretrievably broken down. There is no longer a requirement to explain the reasons behind the breakdown of the relationship, and no need to cite and give examples of a spouse’s unreasonable behaviour. Divorce law was changed to make it less acrimonious. A husband or wife no longer needs to think of six to eight ways in which their spouse behaved unreasonably. That’s a good thing, as no-fault divorce avoids disputes over who should start the divorce proceedings. Although you can no longer refer to unreasonable behaviour in divorce proceedings, you can refer to unreasonable behaviour on the part of your spouse when applying for: An injunction order – a non-molestation order or occupation order. Children law order, such as a child arrangement order, specific issue order, prohibited steps order or relocation order. Financial court order – if the circumstances justify it. Bad behaviour and the impact on divorce financial settlements When you ask the court to make a financial court order, you can ask the court to consider your spouse’s bad behaviour when deciding on the size or structure of the financial settlement. The court is duty-bound to consider several factors (referred to as the Section 25 factors, as they are contained in Section 25 of the Matrimonial Causes Act 1973). One of the factors is conduct if the court thinks it would be inequitable to disregard it. Alleging behaviour in financial  proceedings When you file your Form E in the financial court proceedings, you have the option to include a reference to bad behaviour. The court may ask you to file a detailed statement setting out your behaviour allegations and how they should affect the financial settlement, and your spouse will be given the opportunity to reply. The threshold to raise bad behaviour is high. Although your husband or wife may have behaved very badly by having an affair, being abusive or being a spendthrift, you should speak to a divorce solicitor about whether the bad behaviour will be considered relevant in the financial court proceedings. A specialist finance lawyer will advise you on the best way to secure a financial court order that meets your needs after balancing the impact of the bad behaviour on you and the likelihood that the court will consider it relevant, having regard to statute and caselaw. Is the bad behaviour gross and obvious? The court’s view is that a spouse’s conduct will only affect the financial settlement if it is ‘gross and obvious,’ and so serious that it would be unfair for it to be ignored. Whether a spouse’s conduct has been serious enough to be classed as ‘gross and obvious’ will be a highly subjective decision. What is classed as bad behaviour in financial court proceedings? Several forms of bad behaviour or conduct may affect the size or structure of a financial settlement. These include: If a spouse has a gambling addiction and has gambled away a lot of the family’s money. If a spouse has assaulted and injured the other spouse, so that the injured spouse’s ability to work and earn money has been affected. If a spouse has been found guilty of a financial criminal offence. For example, a conviction for fraud will prevent the spouse from providing spousal maintenance or child support for their family. If a spouse has remortgaged the family home without telling the other spouse, and used the mortgage funds for their purposes. Every family situation is different, so although you may believe your spouse’s behaviour was gross, it is best to check with a divorce lawyer. The family law solicitor can advise if the specific behaviour is likely to have an impact on your financial settlement after assessing all the circumstances.  You might also be interested in [related_posts]   What is financial misconduct during the financial court proceedings? A spouse or former spouse may behave badly during the financial court proceedings. Examples of this type of behaviour include: Dragging out the financial proceedings, or running up needless and excessive legal costs. This isn’t usually reflected in the financial settlement. Instead, the court can order the irresponsible spouse to pay some or a proportion of the other spouse’s legal costs. Hiding assets or transferring assets to family members. The court can be asked to make a Section 37 injunction order or to join family members into the financial court proceedings. A spouse lying about their financial situation and not giving full financial disclosure. The judge can deal with poor behaviour  during the court proceedings by: Ordering the guilty spouse to pay some or all the other spouse’s legal costs. Structuring the financial settlement differently. Assuming, when making a final financial decision, that the guilty spouse is much wealthier than they say they are. If the lying is discovered after a final decision, the decision or financial court order can be set aside, and the process started again. Financial settlements can be structured differently if the judge accepts that a spouse has behaved badly or is not trustworthy. For example, a judge may think that it is best to award a spouse a larger share of the equity in the family home because there is a risk that if the equity were split equally, the wealthier spouse would not pay the ordered spousal maintenance because their behaviour during the marriage or the proceedings indicates they are not trustworthy. How much does bad behaviour change the financial settlement? The impact of the conduct on the financial settlement will vary greatly and entirely depends upon the circumstances of a family. A specialist family law will consider: The bad behaviour. The impact of the bad behaviour on the other spouse. The additional costs of arguing that bad behaviour is relevant to the financial court order. The likely prospects of the court agreeing that the bad behaviour is relevant to the financial settlement and awarding a better financial settlement. In every case of bad behaviour, your divorce solicitor will carry out a cost-benefit analysis of whether the additional time spent arguing your valid points will help you achieve a better financial settlement. Sometimes it won't, but your divorce lawyer will instead recommend an alternative strategy to get you the best financial settlement possible, such as: Filing a questionnaire to ask specific questions about your spouse’s financial disclosure and asking for more paperwork. Asking the judge for permission to instruct a forensic accountant to assess the value of a family business. Instructing a shadow accountant to investigate complex financial transactions or investments. Asking a pension actuary to value the pensions accurately. Why choose Evolve Family Law as your divorce lawyers? Here are three reasons to choose Evolve Family Law as your divorce solicitors: We are a niche law firm specialising in family law and private client services with offices in Holmes Chapel and Whitefield. All our divorce lawyers are experts in their field. They are also approachable and will do their best to answer all your questions and help you reach a financial settlement or childcare arrangement that suits you. Many of our family law services are provided on a fixed fee basis. When we charge on an hourly basis, we are transparent about our fees. Here are some client reviews. If you need family law legal advice, we are here to help. Call Evolve Family Law or complete our online enquiry form.

If parents are honest about their fears surrounding coming out of a bad relationship, one of their biggest worries is whether their ex can take their child. In this blog, our specialist Northwest family lawyers look at whether your ex can take your child and your options. For specialist family law advice, call Evolve Family Law or complete our online enquiry form. Worried ex-partner will take my child Sometimes it is just a fear that your former partner and your child’s other parent will take your child or not return them when their parenting time has finished. In other family scenarios, your ex-husband, wife or partner may want to take the child as they know that is the one thing that will devastate you, or they may genuinely want to look after the child as much as you do, but the two of you can’t agree on the childcare arrangements. Talking to a family law solicitor can help you decide if your fears justify applying for a court order, such as: A child arrangement order A prohibited steps order A specific issue order An injunction order Will the police help if my ex-partner takes my child? If your child is taken, your first thought may be to call the police, and in any situation where you fear that your child is at risk of harm, then that is the best thing to do. Risk of harm is always a balancing act, so whilst you may think that your child is being harmed by staying with their other parent, the police may not think so unless there is some evidence that the child is at risk. The police won’t remove a child from a parent’s care unless there is an apparent risk of immediate harm. Generally, the police will say that, except in emergencies, family and children's law matters should be resolved by the family court. That usually involves one parent applying to court for a child arrangement order or asking the court to enforce an existing order and return the child to their care. The police approach should not stop a parent from calling them in situations where you have genuine welfare concerns, such as: A parent with anger management issues. Where there were domestic violence issues in the relationship. A parent who appears under the influence of alcohol or drugs and is incapable of safely caring for the child. Apply for a family court order to protect your child There are some family scenarios where it is best to get a family court order so you can show the order to the police. For example: If you fear that your ex-partner will take your child overseas without your agreement, you can apply to the family court for a prohibited steps order to prevent the child from being taken abroad. If you are concerned that you or your child is at risk of domestic violence, then you can apply to the court for an injunction order. If you are worried about the safety of your child while they are spending time with your ex-partner, you can ask the court to make a child arrangements order. A child arrangements order can prevent direct contact or stipulate that contact should only occur if supervised, or can establish limits and conditions for the contact.   Take legal advice if you are worried that your ex may take your child As every family situation is unique, it is advisable to seek legal advice tailored to your specific circumstances and to assess the best options for your family. Children law solicitors say that if you are worried about your ex taking your child, it is best to take specialist legal advice as quickly as possible because: A children solicitor will be able to tell you where you stand legally. Often, knowing your rights can help alleviate your worries. It may be necessary to apply for an urgent court order, such as an injunction order or take immediate action to prevent child abduction to an overseas country by securing a prohibited steps order. A solicitor’s letter to your ex-partner or an application for a child arrangements order may be needed to formalise the childcare arrangements and ensure that your ex-partner is aware of the consequences of breaching your agreement or the child arrangements order. You might also be interested in [related_posts] What happens if a parent breaches a court order and takes a child? If a parent breaches a family court order, such as a child arrangements order, prohibited steps order or specific issue order, enforcement action can be taken. It can be tempting to apply directly to court to enforce an order, but it is best to consult with a family lawyer before doing so. For example, if a parent has returned a child home late on one occasion, starting enforcement action for a breach of a child arrangements order may not be appropriate. However, if late returns on a Sunday night are a regular occurrence and are affecting schooling, it may be appropriate to act. Children solicitors say that if an order is breached, you may need to take speedy action. For example: If a parent keeps a child after a contact visit was due to end, you don’t want to leave things so that the other parent can then argue that the status quo of the child living with you has changed and that the child is now happy and settled with them. If child abduction overseas is feared, then it is vital that speedy action is taken to avoid the child being taken abroad. That is because if the child is taken to a country that isn’t a signatory to the Hague Convention, it may be hard to get an order for the child’s immediate return to the UK.   Regardless of the nature of the breach of court order, the court can enforce the order and impose penalties on the parent who has breached it. The penalties will depend on the court’s assessment of the circumstances surrounding the breach of the court order, as well as the severity and frequency of the breach. The court can: Impose a community service order and order a parent in breach of a child arrangement order to carry out up to 200 hours of community service. Fine the parent for breach of the court order. In rare cases, a prison sentence can be imposed on the parent in breach of the court order. Order a parent to pay the other parent compensation if the breach of the court order led to a loss, such as unpaid time off work.   As every breach of a court order has a different impact on a family, it is best to seek legal advice before applying to enforce an order, as it may be preferable to return to court to vary the existing child arrangements order or other type of children's order. We are Manchester and Cheshire Children Law Solicitors Our family lawyers specialise in separation and children law applications. If you are worried about your ex-partner taking your child or need representation in child arrangements order proceedings, call us or complete our online enquiry form. Our offices are in Whitefield, North Manchester, and Holmes Chapel, Cheshire. However, our lawyers also offer telephone and online appointments.

If you are considering stopping contact between your child and their other parent, it is advisable to talk to a family law solicitor before taking any action. In this blog, we examine the circumstances where, after a separation or divorce, one parent can prevent a child from seeing the other parent. For specialist family law advice on parenting plans and child arrangement orders, call Evolve Family Law or complete our online enquiry form. Stopping contact between a child and their parent After a separation or divorce, many parents want to stop their child from seeing the other parent. Sometimes those feelings are fleeting, a reaction to a parent arriving late for contact or due to an argument. In other families, one parent may believe that it is in their child’s best interests not to have contact with the other parent. ​Regardless of the reasons for wanting to end contact, it's best to seek legal advice before taking any action. Stopping contact if there is an existing child arrangement order  If there is an existing child arrangement order in place, you may be in breach of the court order if you stop your child from seeing their other parent without first applying to the court to vary the child arrangement order to end or reduce the parenting time. Sometimes, the decision not to send a child to their parent for a contact visit can be difficult. In other situations, there may be immediate or serious welfare concerns, so you feel justified in not following the court order. As breaching a child arrangement order could result in enforcement action, it's best to understand your options, your former partner’s options and the court’s likely views on why you breached the child arrangement order, rather than waiting and applying to vary the child arrangement order and only then altering the parenting time. Stopping contact if there is no child arrangement order in place  If there is no child arrangement order in force, it is still best to get expert legal advice on the best course of action. That is because if you stop contact, your ex-partner may apply to the court for a child arrangement order. Depending on the current level of parenting time spent with the children and the reasons why you want to stop contact, your ex-partner may even be allowed to spend additional time with your child. Should you stop contact between a child and the other parent? There are certain scenarios in which contact between a parent and child should be stopped, as it is in the best interests of the child to do so. For example: If you have the grounds to fear child abduction and your child being taken out of the UK without your agreement, or You are worried that the other parent cannot safely care for the children during their parenting time and doesn’t have the insight into their mental health or addiction issues, or the extended family support to make their parenting time a safe experience for your child. However, there are other scenarios where it isn’t necessarily in your child’s best interests to stop contact, even though the cessation of contact would make life a lot easier for you, as you would not need to contact your ex-partner over the parenting arrangements. Reasons to stop contact There are many situations where one parent often wants to stop a child from having contact with the other parent. Reasons to stop contact include: The other parent has not paid child support or spousal maintenance. The other parent has met a new partner, and you feel angry or hurt about it. The other parent gives you a lot of hassle and grief over the parenting plan, and you feel they are trying to control you through the communication that they have with you over childcare. You are worried that your ex-partner will be violent towards you at either collection or drop-off time. The other parent is always late collecting or returning the child. The child does not do any homework whilst with the other parent and always returns tired after a weekend away, meaning that the child finds it hard to settle back into their routine and concentrate on their school work. The other parent won’t follow the same parenting routine as you, so you are seen as the disciplinarian and no fun. The child says derogatory things about you that they have heard from the other parent during their parenting time. The child says they don’t want to see the other parent because time spent with their other parent is boring, and they want to see their friends. The child doesn’t like the other parent’s new partner or their children. All the above are valid concerns that require legal advice and discussion with an expert children's law solicitor about how best to resolve them; however, the solution may not be to end all parenting time with the other parent. You might also be interested in [related_posts] What happens if I stop my child from spending time with their other parent? If you stop contact between your child and the other parent, then the other parent could: Apply to the family court to enforce an existing child arrangement order. Apply to the court for a child arrangement order. Still turn up to see the child. For example, to collect the child from school. Walk away from family life and have no further contact. Your child may not want to end or reduce the amount of time they spend with their other parent, even if it is in their best interests to do so. Stopping contact may lead the child to feel hurt and angry towards you. In addition, the child may think of their other parent in an idealised fashion. As they are no longer having contact with the other parent, the child may forget that the other parent was late in collecting them or did nothing with them during the parenting time other than watch television. It can help to talk to a family law solicitor about the likely outcome of an application for a child arrangement order by the other parent or an application by you for a children order, such as a prohibited steps order. That’s because it is best to understand the approach the family court will take to stopping contact and how the judge will weigh up what future parenting arrangements are in your child’s best interests. Alternatives to going to court to stop contact A children's law solicitor can also discuss alternative options to applying to court to end contact, such as: Family mediation to help you explain to your ex-partner your concerns about contact. Protective orders, such as domestic violence injunction orders, if your ex-partner is harassing you, or you fear child abduction. Round table meeting with family lawyers to discuss your concerns and reach a resolution. For example, agreeing on a parenting plan with consistent parenting routines for the child or agreeing to supervised contact whilst your ex-partner is experiencing a period of mental ill-health or working on overcoming an addiction. Family therapy can be a safe place to discuss future parenting time. This can involve an older child, so they can explain how they feel about contact. Therefore, while it is tempting to sever contact between your child and their other parent, it is usually best to take some time to reflect and consider the legal consequences of such a decision. For specialist family law advice on parenting plans and child arrangement orders, call Evolve Family Law or complete our online enquiry form.

Who pays child maintenance when you agree to share the parenting of your children after a separation or divorce? It's essential to understand the law on child support before finalising your divorce financial court order or reaching a childcare agreement. Our Northwest family law solicitors can help you understand how child maintenance works and assist you in reaching a parenting agreement or financial settlement. For specialist family law advice, call Evolve Family Law or complete our online enquiry form. Who pays child maintenance when the parenting of children is shared? If you poll parents on the question of who pays child maintenance when parenting is shared, most parents assume that the parent who earns more will be responsible for paying child maintenance. That’s not correct. Under the complex child maintenance law rules, if both parents equally share the care of their children, neither parent will be required to pay child maintenance to the other parent. This child maintenance rule can lead to two problems: Parents not wanting to agree to shared parenting because they don’t want to lose out on child support or can't afford to do so. Parents saying they want to parent equally but not doing so in practice, or the child spending an equal amount of time at each parent’s home but not getting the same quality of parental care and attention at both parents’ homes. These problems can result in more parental disputes about the best childcare arrangements for their children or child arrangement order applications for the court to decide if parenting should be shared equally. What difference does shared care make to child maintenance payments? If you share the care of your children, then it can make the difference between: Receiving hundreds of pounds each month for your children in child support and receiving no child maintenance at all. That can mean the difference between being able to afford to work part time and having to work overtime to pay your household bills, or Paying hundreds of pounds each month for your children in child maintenance. This can mean that a parent cannot afford to pay child support and pay the mortgage or rent on a suitable home near their child’s school, or afford for their children to have the same sort of lifestyle that they enjoy with their other parent. That is why both parents must understand their respective roles and responsibilities regarding shared parenting and child maintenance before agreeing on a parenting regime and child maintenance arrangements. Child benefit and the payment of child maintenance  It was thought that if one parent receives the child benefit money, their entitlement to the child benefit payment automatically means they are the parent who is entitled to ask for child maintenance from the other parent. One father challenged that assumption. The child maintenance tribunal decided that: Child maintenance is only payable if one of the parents is classed under child maintenance rules as the ‘non-resident parent, or in other words, there isn’t an equal shared care arrangement. This means that the other parent is classed under child maintenance rules as the ’parent with care.’ If there is no evidence to the contrary on shared care, then if the person applying for child support receives the child benefit payments, it is assumed that they are the ‘parent with care.’ This assumption isn’t relevant if both parents equally share the care of the children. The day-to-day care provided by each parent must be evaluated. The evaluation isn’t just about counting the nights the children stay with each parent, but also about assessing tasks and responsibilities. If there is equal responsibility for the day-to-day care of the children, then no child maintenance is payable, even if one parent earns a lot more than the other parent. Factors to consider when negotiating parenting arrangements and child maintenance Here are some factors to consider when negotiating parenting arrangements and child maintenance: What type of child care arrangement meets your child’s needs? Some children cope better than others with an equal shared care arrangement. How do the practicalities of commute and work commitments impact how you will share the parenting time and childcare? If you do equally share the care of the children and child support isn’t paid, how will this impact the finances of both parents? Will one parent be paying spousal maintenance to the other parent and, if so, how long for? Will one parent be receiving more than half of the equity in the family home to rehouse themselves because they earn less than the other parent? With specialist legal advice from a Manchester divorce solicitor on your best divorce and financial options, many parents can agree a financial settlement that meets both families’ needs. The lawyer can then draw up a financial consent order, ensuring that both parents have the certainty and legal protection of a court order.   You might also be interested in [related_posts] What counts as shared care of children for child maintenance payments? Shared care is as individual as families. It is a question of what works for a particular family. Some families agree on: A week on, week off schedule so the children spend a week with each parent, or A day on, day off schedule so the children never spend more than a day away from each parent, save for holidays, or Sharing an au pair or nanny so that the child care support moves with the children to provide continuity. These types of shared care arrangements can work better for some families than the more traditional 3-day/4-day split, where one week is spent on the 3-day schedule and then swapped with the 4-day schedule in the second week. The shared care arrangement that works best for a family can depend on: Distances between family homes. If a family has children with different or competing needs. For example, if one child has special educational needs or there is a significant age gap. New relationships and stepchildren. The practicalities of managing work and child care commitments combined with the daily commute and school run. Experience as a Manchester divorce solicitor has shown that any type of shared care arrangement can be beneficial for children, provided their parents are happy with the arrangements, commit to co-parenting and parenting routines, and share the highs and inevitable occasional lows of parenting. What happens if we stop or start sharing the care of the children? If, for whatever reason, you stop or start sharing the care of your children, then child maintenance could either stop or start. That is because, in most situations, you can apply to the Child Maintenance Service for child support at any stage. If child care arrangements change, then a parent may be able to ask the child maintenance service to either stop the requirement to pay child support or to vary the amount paid in child maintenance. That’s why, when looking at your housing options and finances on separation, it is sensible to factor in possible changes in child support in future. Manchester & Cheshire-based Evolve Family Law solicitors are approachable and friendly, providing pragmatic and expert solutions for divorce, children, and financial settlements. For specialist family law advice, call Evolve Family Law or complete our online enquiry form.

One of the most emotive topics after a separation or divorce is how often a father can see his child. In this blog, Northwest family law solicitor Louise Halford explains the law regarding parenting time after separation or divorce. For specialist family law advice on parenting plans and child arrangement orders, call Evolve Family Law or complete our online enquiry form. How often can a father see his child after a parental separation? There is no rule on how often a father can see his child after a parental separation. As specialist family law solicitors, we have negotiated parenting plans or secured child arrangement orders that say: The child lives with their dad and spends some parenting time with mum, or There is a shared parenting regime, or The children live with their mum and their dad has contact. In extreme cases, where there are significant welfare concerns, the court can order supervised parenting time or even no contact. Our family lawyers recommend that neither parent attend the parenting negotiations with a fixed idea of the parenting time that must take place. In most families, there isn't only one solution that will meet the children's needs to have an ongoing relationship with both parents. Do children always stay with their mothers after a separation or divorce? It used to be the case that after a separation or divorce, most children lived with their mother, and their father had parenting time or contact. In many families, that remains the position. However, instead of it always being assumed that a child will live with their mother nowadays, all options are on the table, including the child living with their father, the child having contact with their mother, or a shared care arrangement. It isn’t so much that the law has changed, but societal attitudes and working practices have changed. For a long time, the court has focused on what child law order is in the best interests of the child when determining court applications over parenting time. As every child and family is different, family lawyers must consider family circumstances before advising on parenting arrangements or when advising on a child arrangement order application. Custody, residence and child arrangement orders In the past, when a father traditionally went out to work and the mother was a stay-at-home parent or worked part-time, it was often thought best that a child should continue to live with the primary caregiver or the parent who was available to meet their day-to-day needs. With both parents now often working full-time, the best interests of the child may be best served by a shared care arrangement. The change in working patterns and societal norms has prompted a change in legal language. Lawyers no longer talk about custody, contact and residence, but rather parenting time. Is a father entitled to shared care if he wants to co-parent his child after a separation or divorce? Although much is written in the media about shared parenting being the norm or ideal, neither a mother nor a father is ‘entitled’ to share the care of their child after a separation or divorce. That’s because if parents can’t agree on the childcare arrangements for their child and the court is asked to make a child arrangement order, the court will assess what order is in their child’s best interests. Shared parenting (whether that is an exactly equal split of parenting time or a sixty-forty split of time or other percentage) may be the best option for the child, but not necessarily. Equal shared parenting time may not be in the best interests of a child if: Parents don’t live, or are not intending to live, relatively close to one another to ensure that the child can get to school from both homes, or The child prefers to have one home base, rather than moving between homes, or One parent’s work commitment means that if parenting were shared, the reality is that the child would be looked after during that parent’s parenting time by extensive use of professional carers, or The parents don’t get on at all and won’t cooperate over parenting, making frequent handovers for the child disruptive and distressing. Shared care can be ideal, but it isn’t practical for every family, and therefore it isn't in the best interests of every child whose parents separate or divorce. When looking at childcare arrangements, it is best not to think of ‘entitlement’ but what arrangements are likely to meet your child’s needs. Is shared parenting the best option for children and their dads? Most child experts say that spending an equal amount of parenting time with a child after a separation or divorce isn’t the key to successful parenting, but ensuring that the time you do spend with your children is ‘quality’ time. For parenting time to be quality time, it doesn’t have to be expensive outings, but being able to set aside time to read with younger children, help with homework, or transport to football practice, ballet club or just talking and taking an interest in what your children are doing at school or when they are with their other parent.   You might also be interested in [related_posts] How often can a father see his child? Fathers often want to know the worst-case and best-case scenarios of how they will usually be able to see their child after a separation or divorce. A great deal depends on your circumstances.  For example, contact will be restricted if a mother successfully applies for a relocation order to enable her to move overseas with the child, or parenting time will be more limited if a father has to relocate to a new area in the UK due to his work commitments. Many parents agree to split the week so that children spend roughly equal amounts of time with each parent. For other families, the preferred option is for a child to live with one parent during the week and have midweek and alternate weekend parenting time with the other parent. Contact with the child every weekend would mean that the residential parent of a school-age child would not spend any quality time with the child over the weekend. There is therefore no set rule about how often a father can see his child. That can be frustrating for some fathers who want certainty after a separation or divorce. However, not having set rules means that parents can work out what child parenting arrangements or co-parenting schedule works best for their family, or the court can be asked to make a child arrangement order after assessing what is best for your child rather than following a fixed formula. Manchester and Cheshire Children Law Solicitors If you need help with your separation or divorce, negotiating parenting time or representation in a child arrangement order application, call Evolve Family Law or complete our online enquiry form. We have offices in Whitefield, North Manchester and Holmes Chapel, Cheshire, but we can also arrange a telephone appointment or online consultation.

In this blog, Louise Halford, a family lawyer specialising in children's law, examines what children want from shared parenting.   Call Evolve Family Law or complete our online enquiry form for children's law advice.   What is shared parenting? To some, shared parenting means equal parenting, where a child’s time is split equally between the two parental households. To the court and family lawyers, shared parenting is a more encompassing concept. A child can live with one parent under a child arrangement order but participate in a shared parenting arrangement because their other parent has contact and actively cares for them. Take the case of two separated parents who parent 50/50 but don’t communicate with one another, unless they have no choice. The anger and animosity during their separation and in financial settlement negotiations meant their divorce was labelled as high-conflict. They are now engaged in shared parenting, but not in the spirit of it. Contrast their co-parenting with a Mother who has a child arrangement order and a child who lives with her 60% of the time. You may think that isn't shared parenting, but the Dad is actively engaged in all important parental decision-making, and both parents communicate with one another to provide their child with consistent parenting and routines. As a children lawyer, Louise Halford prefers to use the broad definition of shared parenting as that encapsulates what shared parenting should be. It should not relate to percentages or the hours spent with a child, but rather to sharing the job of being a parent and quality time.   The court's approach to shared parenting The court has moved away from weekend contact to an absent parent (traditionally the Dad), and nowadays, a child arrangement order with shared parenting is usual unless: The parents engaged in a high-conflict divorce, or There was domestic violence in the parental relationship, or Child welfare reasons prevent shared parenting, or The child is of an age to say that they do not want a shared parenting arrangement, or Geographical reasons make shared parenting impractical. Child welfare issues include factors such as parental alcohol or drug addiction, mental health, or other issues that lead the court to conclude that a shared parenting arrangement is not in the child’s best interests.   Shared parenting after a high-conflict divorce It can be hard for separated or divorced parents to put aside their differences and focus on shared parenting. High conflict between parents can stem from: One or both parents' behaviour during the relationship. One parent has met a new partner, and the other parent does not think the new partner is a good role model for their child. Difficult financial settlement negotiations, or one parent is unhappy with the terms of a financial court order. Unwanted interference from extended family or new partners. Children focused on creating parental conflict as it suits their agenda to play one parent off against the other.   The consequences of high conflict in shared parenting Some of the consequences of high-conflict divorce in shared parenting arrangements are: The children don’t want to move between the two households as it is too emotionally draining. Children are embarrassed by the parental conflict and don’t want their friends to witness it. The children work hard to fit in and be the children their parents want them to be during their parenting time – the children lead a double life. Children mask and pretend that the conflict between their parents isn't affecting them. Children act out because they are caught in the middle of a parental war.   Research on what children want from shared parenting You would think it would be relatively easy to download the latest research on what children want from shared parenting and quote relevant chunks of data. However, it is far from easy. A lot of internet searching led us to an article published in April 2015 in The International Journal of Children's Rights, ‘’A qualitative synthesis of children's experiences of shared care parenting arrangements post separation.’’ [related_posts]   Data on children's experiences of shared care parenting arrangements post-separation  The 2015 article in The International Journal of Children's Rights pulls together international research on children’s experiences of shared cared parenting post-separation from studies conducted in various countries. Here is a snippet from the article that references two of the research studies: ‘’The line that differentiates sole versus shared care is arbitrary, adult-construed, and does not necessarily reflect the views of the children involved. Rather than a binary legal argument, children consider multiple factors when assessing the parenting plan that may work best for them (Sadowski and McIntosh, in press; Whitehead, 2012). Participants across the studies seem to favour shared care when they were provided input into the decision-making process, when parents respect and integrate their feelings and concerns, when the parenting plan emphasised and maximised their time with both parents, and when the plan supported a continuous and meaningful relation- ship with both parents and their siblings post separation and divorce (Blackwell, 1992; Cashmore et al., 2010; Lodge and Alexander, 2010)’’. In summary, the various research studies referred to in the article show: Living arrangements with flexible contact between both parents were the preferred arrangement across studies. Children appreciate the opportunity to see their other parent and the flexibility to visit their other home when needed. Children appreciate shared care that provides them with a regular routine and a sense of being wanted by both parents. Children prefer shared care when they were asked for their views on how shared care will work, and when parents respect their views and the plan allows for meaningful time with both parents. Children appreciate shared parenting that allows for flexibility, enabling the plan to be adjusted to fit the child’s priorities and commitments. Young adults sometimes prefer to have one home because they want to concentrate on school or find it hard to study in a parental household with younger half-siblings. Children get frustrated when a parenting plan does not allow them to spend quality time with one parent. Some children, especially when parents conflict with one another, find shared parenting difficult. Some children expressed a preference for stability and a regular routine. The type of shared parenting arrangement has a significant impact on how it works for the child. Some children took the view that an alternating week schedule with each parent was too disruptive for them. The children said that sharing their time between both parents did not weaken their sibling relationships or adversely impact their childhood friendships.   Lessons from the 2015 research The research studies in the 2015 paper tell family lawyers what children want from shared parenting: To be heard and to feel that they have a voice. For parents to work together to make shared parenting work. Parenting plans based on a child’s needs rather than a parent's desire to have 50/50 time. Flexible shared care to meet a child’s calendar of sports activities, friendships and commitments. Shared care arrangements that adjust as children's needs change over time. One of the key points in the 2015 article was the importance of listening to the child. In one study, a child described attending a school event with both parents. To outsiders, it must have appeared to be a successful shared parenting arrangement. However, to the child, it was awful, as they recognised their parents’ body language and the fact that neither was prepared to speak to the other.  The article highlights that what children want from shared parenting is the real thing: parents who can communicate and share parenting responsibilities between two households, rather than high-conflict parents pretending to engage in shared parenting.   Shared parenting legal advice Parents may need help understanding how shared parenting affects their children when parenting styles conflict, there is a high level of parental conflict, or when practical issues, such as distances between parents’ homes, make shared parenting difficult to navigate. It is equally important for parents to understand the impact of a shared care regime on the financial settlement and child support arrangements. Whilst money should not affect the decision on the type of parenting plan that meets the needs of your children, for most parents, the financial impact is a key consideration. Where parenting time is shared equally, the Child Maintenance Service rules say that no child support is payable, even if there is a significant income discrepancy. Those child maintenance rules can make it difficult for some parents to agree to a shared parenting regime, even in situations where they get along, unless the ex-spouse is willing to pay child maintenance voluntarily. When parents are splitting up, it's best to discuss openly with older children and the other parent the type of parenting arrangement that will best suit your family after your separation. Those discussions can take place jointly with the child, individually with each parent or with professional help. The help could come through a child-inclusive family mediation or family therapy. At Evolve Family Law, our children's law solicitors provide comprehensive legal advice, ensuring parents receive the support they need to understand the financial and practical implications of agreeing to a shared parenting arrangement. If an agreement cannot be reached, we can advise and represent you in an application for a child arrangement order.   Call Evolve Family Law or complete our online enquiry form for children's law advice. ‍ ‍

If you are going through a separation or divorce, you are bound to have lots of questions about your child custody rights or want to ask questions about residence, contact or access orders. In this article, children law expert Louise Halford answers your frequently asked questions on child arrangement orders. For expert Divorce and Children Law advice, call our team of specialist divorce lawyers or complete our online enquiry form.   What is a child arrangement order? A child arrangement order is a court order that sets out parenting arrangements for children when there is a dispute between parents over their child’s living arrangements. The order is a combined order, as it will outline where the children will live (formerly referred to as a custody order or residence order) and the spending time with arrangements (formerly referred to as an access order or contact order). Do I need a child arrangement order? You only need a child arrangement order if you can’t agree on the parenting arrangements for your children. If you cannot reach an agreement directly with your ex-partner, your children's law solicitor can help you resolve issues through alternative dispute resolution. Alternative dispute resolution keeps disputes out of court. There are several ways to reach a parenting agreement without going to court. These include: Family mediation. Family arbitration. Amicable divorce with our one-lawyer service. Solicitor negotiations. Direct negotiations. The family court will not routinely make a child arrangement order to record what you have agreed unless there is a history of dispute or a real reason for the order. Will a child arrangement order let me take my children abroad? If you are named as the parent a child lives with in a child arrangement order, you can take your children abroad on holiday for up to four weeks without needing the other parent’s agreement. However, even with a child arrangement order, you can’t move overseas with your children without the other parent’s agreement or a court order. If the other parent won’t agree to your plans to relocate overseas with the children, then you need to apply for a relocation order. Can you change a child arrangement order? A child arrangement order can be changed either by: Both parents record that they agree to the parenting change, or By applying back to the family court to vary the child arrangement order. For example, if you agree that the children should be returned home at 6 pm rather than the old time of 5 pm, the agreement to the change could be recorded in a text or email without incurring the expense of a court application. However, if your child wants to move to live with you and the other parent won’t agree, then you will need to apply to the court to vary the child arrangement order. You should not change the child arrangement order without taking advice, as you do not want to be accused of breaching the court order.   Child arrangement orders and child support A child arrangement order does not say if one parent should pay child support to the other parent. Child support is arranged by: Agreement between parents, or Assessment by the Child Maintenance Service, or In limited situations, the court can make a child support order. The general rule is that when a child spends an equal amount of time with both parents, neither parent is required to pay child support. That rule applies even when one parent earns more than the other parent under the Child Maintenance Service rules. Child support rules are complicated. It's best to speak to a family law solicitor about your entitlement to child support before reaching a financial settlement or agreeing to a parenting plan. You might also be interested in [related_posts] Shared care and child arrangement orders A child arrangement order can specify the parent the children will live with and set out the contact or spending time arrangements with the other parent. Alternatively, a child arrangement order can stipulate that parenting is shared and outline the details of the shared parenting arrangement. It does not necessarily have to be a 50/50 split each week. Ideally, a child arrangement order will also set out how holiday contact will be arranged. For example, parents may have alternate year Christmas Day contact, or school holiday contact will be divided equally on dates to be agreed upon between the parents. With a child arrangement order, can you make all important decisions regarding your child? If you have a child arrangement order, it does not allow you to make all the important decisions for your child and exclude the other parent from decision-making. Important decisions include: Choice of school. Whether to follow a religion and the extent of faith observances. Medical decisions. If both parents have parental responsibility for their child, they both have equal rights and responsibilities over major decision-making. Where parental responsibility is shared and both parents cannot reach an agreement over an aspect of parenting, then either parent can apply to the family court for a specific issue order or a prohibited steps order. The court will decide based on what the judge believes to be in the child’s best interests. Who can apply for a child arrangement order? It isn’t just parents who can apply to court for a child arrangement order. Others have an automatic right to apply for a child arrangement order, such as: Step-parents, or A relative if the child has been living with the relative for twelve months, or Anyone who has looked after the child for three years or more. In addition to those with an automatic right to apply for a child arrangement order, others can apply for permission to apply for a child arrangement order. This typically covers situations where a grandparent wants to obtain an order to have contact with a grandchild. How Evolve Family Law can help you with sorting out parenting arrangements If you need help with a child arrangement order application, our specialist children law solicitors are here to help you. We can assist you by: Representation in an application for a child arrangement order. Applying to vary a child arrangement order. Family mediation to help you reach a parenting agreement. Legal advice by offering legal services whilst you mediate with an alternative mediator. If you are divorcing amicably, consider our Amicable Divorce One Lawyer service.   For expert Divorce and Children Law advice, call our team of specialist divorce lawyers or complete our online enquiry form.