Legal Divorce FAQs

A Parenting Plan is a useful tool to help parents who are splitting up agree amicably on issues to do with raising the children they share, such as how much time is spent with each parent and their extended family, how the parents will communicate, have consistent rules around issues such as bedtimes, and who will be responsible for various duties and costs associated with parenting. Having a plan can reduce friction in families and the emotional strain on both the parents and, importantly, the children. It is a difficult time for all affected and having an amicable agreement on expectations of each other can be very useful in reducing the negative impacts of tension and potential areas of conflict. More information can be found on the government and CAFCASS websites: www.gov.uk/looking-after-children-divorce/if-you-agree www.cafcass.gov.uk/parent-carer-or-family-member/my-family-involved-private-law-proceedings/resources-help-you-make-arrangements-are-your-childs-best-interests/how-parenting-plan-can-help

Child maintenance is a legal obligation on parents under the Child Support Act 1991. It covers living costs for any children you have, whether you are married to the other parent or not. There is a paying parent and a receiving parent. The receiving parent is the one who the child lives with or spends the most time with. Parents are responsible for helping to pay for the costs of raising their child, even if they do not see them, until the child is 16 years of age or 20, if they remain in approved education or training. You can agree a sum of child maintenance between you. If you are not able to do this, you can apply to the Child Maintenance Service who will enforce the statutory payments. The CMS calculator can be found here: www.gov.uk/calculate-child-maintenance For an average income of £40,000 per annum of the paying parent, the receiving parent will get £400 a month for 1 child, £533 a month for two children and £633 for three children. These amounts can be reduced where the children spend certain numbers of nights with the paying parent.

It is better if you can come to an agreement between you. If you cannot agree, you can discuss the issue with a mediator. If you do not want to contact your child’s other parent or cannot come to an agreement, you can ask the Child Maintenance Service to arrange payments. More information is available on the government website: www.gov.uk/child-maintenance-service

If no agreement can be reached, a father, mother or anyone else with parental responsibility will need to make an application for a court order called a ‘child arrangements order’ which covers living arrangements and contact between the children and both parents. The court will usually order what is called a ‘section 7’ report to do with the child’s welfare. It is the Children and Family Court Advisory and Support Service (CAFCASS) social worker who will write the report after speaking with the parents and the children and any other relevant person. This might include the child’s school, or doctor. You can apply for ‘specific issue orders’ to make decisions on different issues, such as schooling or religious education and for a ‘prohibited steps order’ to stop the other parent from making certain decisions or from traveling a certain distance away from home with the children.

You can apply online or with a paper form C100, available on the government website or from a court: www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge There will be a fee to pay and you will need to show that you attended a MIAM unless you are exempt.