Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon

Children

It is beneficial
for children’s well-being if you and can negotiate contact amicably

If you and your partner have children and decide to separate, you will need to decide who your children are going to live with in the future and how you are going to arrange contact with the parent living away from the home.

Contact

When a relationship breaks down it often causes great emotional upheaval for the children concerned. Continued contact with both parents is a vital part of helping them re-adjust to their new circumstances and retain a sense of family identity.

It is beneficial for children’s well-being if you and your ex-partner can negotiate contact arrangements amicably, leaving aside any bad feelings that may have existed throughout your break-up. This way children can feel that both their parents value them and wish to have contact with them in a positive environment.

It is always better for the children if you can resolve issues regarding contact and residence (where your children will live) between the two of you, and in many cases, family mediation can be very beneficial in helping you come to an agreement, but if this is not possible, you will have to ask the court to decide how this will take place.

The court will always have the best interests of the children as their primary concern and will take into account the child’s wishes (depending on their age), the likely impact of any change on their well being, any harm they may have suffered, their age, sex and background. From this evidence, the court will make their order. For more detailed information on Residence, Contact and Shared Parenting, visit our JustDads or JustMums sections, where you will find legal, practical and emotional advice to help you make the right decision for the future

Child Support

Both parents are financially responsible for their biological or adopted children regardless of whether they are married or co-habiting. Maintenance is not connected to contact arrangements in that you are still financially responsible for your children whether you have contact with them or not.

The Child Support Act was introduced in 1991 and operates under the principle that both parents are responsible for looking after their child financially. When parents split up, the non-resident parent (often the father) is required to pay Child Support to the primary care giver (often the mother).

Many parents find they can come to a consensual arrangement about maintenance on their own and do not need to involve a third party and in these cases the CSA does not become involved. If an informal agreement it is not possible, however, the CSA can work on behalf of the primary care giver to calculate and recover maintenance payments. The CSA has an child maintenance on-line calculator to help you work out how much you should pay.

Family Mediation

If you and your partner are finding it difficult to come to an agreement, you can try family mediation where third parties can help you reach decisions in a fair and positive way. Once you have come to an agreement, this can be drawn up by solicitors as a legal document. This is a less costly and more family-friendly way to resolve issues and can avoid expensive and stressful court hearings. Devon Family Solutions is a revolutionary new company in Devon that has Mediators, Psychologists, Family Counsellors and a Children's Resource Worker, all under one roof to offer support not only to those going through the Mediation process, but for anyone involved in family legal proceedings in the South West.

Parental Responsibility

Whilst contact, residency and child support are not affected by whether you are married or not, unmarried couples can be at a disadvantage when it comes to Parental Responsibility.

Parental Responsibility (PR) is the legal duty of looking after a child with the legal right to make important decisions about their life such as medical procedures, passport applications, choosing schools and the child’s religious persuasion.

A mother automatically has parental responsibility but a father only has it if:

• He is married to the mother
• He makes a Parental Responsibility agreement with the mother
• He applies to the court for an order (if the mother refuses the above)
• He registered as the father on the birth certificate for a child born on or after 1st December 2003
• He subsequently marries the mother.

If the child was born before 1st December 2003 and the father is not married to the mother the father does not automatically have Parental Responsibility, although if he did not register as the father on the birth certificate, he can re-register the birth adding his details. (see www.gro.gov.uk for details)

If you were/are living together with children and the father does not have Parental Responsibility, this could lead to legal complications if the worst should happen and the mother dies, since he would then need to apply for the right to make all the decisions he would normally make regarding his children’s lives.

If you are a father and you are separating it is a good idea to take steps towards gaining Parental Responsibility starting with approaching the mother. If she is reluctant, you can apply for a court order where the court will consider whether it is in the best interests of the child to award it to you. Having Parental responsibility does not mean you have to pay maintenance. Both parents are always jointly financially liable for their children but this is not connected with anything else.