In many cases parents are able to make their own arrangements for their children upon separation and in those circumstances it is unlikely that a Court Order will be required.  

Parents are encouraged to make the major decisions affecting their children's welfare together.  This is the right and responsibility of any person with parental responsibility for a child (whether it be a parent, step-parent, or the person they live with). 

We aim to help you to reach agreement with those concerned as arrangements agreed between you are more likely to work smoothly than those imposed by Court Order

Sometime it is necessary for a Judge to determine where the children should live, or the level of contact they have, whether it be with a parent, grandparent or another. 

Alternatively the Judge may have to decide on issues such as  which school a child should attend or determine whether the child should be taken to another country to live.

Child Maintenance

Parents may agree between them, how much an absent parent should pay to the other in respect of the children, unless the Child Support Agency are required to make a maintenance assessment for example where the parent with care of the children is in receipt of income support.

If agreement is reached, this can be set out in a financial Consent Order relating the overall financial arrangements (see property and finance).

If agreement cannot be reached either parent may apply to the Child Support Agency for a maintenance assessment, who has the power to enforce the assessment. 

Other Financial provision for Children

The Child Support Agency may not have jurisdiction to deal with a matter where one parent lives abroad, or you may be able to obtain a top-up to the assessment by way of an application to the Court, eg where a child has special needs due to a disability or for school fees.

Sometimes it is possible to apply to the Court for an Order which allows the parent with care of the children to continue living in a property owned by the other parent for so long as it provides a home for the children. 

 Hudson Webb solicitors are regulated by the Solicitors Regulation Authority

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This information is given for general reference purposes and does not constitute advice.  It is important that you seek specific legal advice from a qualifed lawyer who can investigate your circumstances and tailor their advice to your requirements.