||Legal Advice on Divorce and Children
Legal advice on divorce and children involves issues such
as where the children of the marriage will live, who the child will live with
and how often the other parent should see, or contact, the child. These are often
the most difficult issues facing parents who separate and the interests of children
in divorce proceedings need sensitive and experienced handling.
Our Family Law team has a wealth of experience in dealing with children issues
in divorce cases and we are dedicated to the provision of expert and sensitive
legal advice on divorce and children issues arising on divorce.
We are fully able to deal with all children matters, including taking urgent action
to protect the children, making court applications to obtain leave to remove children
from the country and, where necessary, to prevent child
abduction by one parent without the consent of the other.
When it comes to giving legal advice on divorce, children and their interests
are paramount and we have a reliable network of family law professional for counselling
and therapeutic services where needed. We aim to keep the emotional impact of
legal advice on divorce and children to a minimum and we do all we can to encourage
and facilitate agreement where at all possible.
In most cases, with the benefit of our legal advice on divorce, children and parents
are able to agree appropriate arrangements for without the need for any formal
legal proceedings. However, if proceedings are necessary, we can help to try to
resolve the problems quickly, giving particular attention to your child's best
interests and welfare.
DIVORCE AND CHILDREN - PARENTAL RESPONSIBILITY
Legal advice on divorce and children involves a clear understanding of the legal
position on parental responsibility.
If the parents were married when the child was born, they both automatically acquire
parental responsibility for the child under UK law.
If the child’s parents were not married at the child’s birth, the mother automatically
has parental responsibility.
The father acquires parental responsibility if he is named on the child’s birth
certificate (if the child was born after 01.12.03). In the absence of being named
on the birth certificate, the parents can sign a parental responsibility agreement
or the father can apply to the Court for an ordering granting it to him.
A step-parent who is married to one of the parents can also acquire parental responsibility
with the agreement of all those holding parental responsibility or by Court order.
We can deal with all child arrangements issues including who the child will live
with and/or who the child will spend time with.
We also have considerable experience of dealing with national and international
child abduction cases.
DIVORCE AND CHILDREN - FINANCIAL PROVISION
If both parents and the child are habitually resident in the UK, the Child Support
Agency has overriding jurisdiction in relation to the assessment and payment of
child support. This applies to all children – whether the parents are married
In circumstances where the net income of the non-resident parent is more than
£104,000 per annum, the parent with care can apply to the court for an order for
additional ‘top-up’ maintenance for the child.
In circumstances where unmarried parents cannot reach agreement the Court may
make financial orders to provide for maintenance, lump sum(s) and the settlement
and/or transfer of property.