West London Solicitors

WEST LONDON FAMILY SOLICITORS

How is child custody/residence dealt with following separation or divorce?

In the majority of circumstances, the parents or other persons with parental responsibility will come to a private arrangement.  If there is a dispute, however, the courts will decide.

What is a CAFCASS officer?

CAFCASS, which stands for Children and Family Courts Advisory and Support Services, is responsible for appointing officers to the court to provide assistance and compile a report regarding a child’s welfare.  In the majority of circumstances, they will be appointed where there is a dispute between parents following a divorce.  Whilst their report is not legally binding, it will strongly influence a court’s decision.

What is a residence order?

A residence order is an order of the court stating where a child shall live and how the child shall be cared for.  There are two types: sole residence orders and shared residence orders.  If a shared residence order is granted, the child will live with both parents and both parents will share responsibility for taking care of the child.

Residence orders are relevant to children up to the age of 16 or in exceptional circumstances, up to the age of 19.

What is a contact order?

A contact order is issued following a dispute between parents, persons with parental responsibility and other family members (siblings and grandparents) regarding their right to have contact with a child.  A contact order will usually state the nature of the contact allowed (whether indirect or direct), dates, places and times.  However, contact orders can be quite open as well, leaving the details to be decided by the parents and other involved parties.

Contact orders are relevant to children up to the age of 16 or in exceptional circumstances, up to the age of 19.

What is a maintenance order?

A maintenance order is an order of the court stating a parent’s responsibility to provide their former spouse financial support so their child can be properly cared for.

What is the Child Support Agency (CSA)?

The Child Support Agency is responsible for deciding on maintenance payments and enforcing maintenance orders.

What is a separation agreement?

Where separation is chosen over divorce, a separation agreement may be agreed to.  The agreement will usually state that couples have agreed to live separately; include provisions for financial support (maintenance for the spouse and children) and state where any children will be living and the non-resident parent’s right to contact.

What is parental responsibility?

Parental responsibility is a legal concept that is defined in the Children Act 1989 (s3) as, “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property. “

The concept has some obvious and surprising consequences.  Whilst mothers automatically gain parental responsibility when a child is born, this is not the case for fathers, even when the father has been living with the child for a significant period of time.

If the parents are married to each other when the child is born, the father will gain parental responsibility.  If the parents are not married at the time of birth, a father can gain parental responsibility by jointly registering the birth with the mother, by making a parental responsibility agreement with the mother or through a parental responsibility order made by a court.

Step parents and others can also gain parental responsibility by an agreement with any persons who already have parental responsibility.

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