Child Law

If your relationship breaks down, we will help with any child law issues which may arise in relation to your children, the most important part of your family.

Our team of specialist child law solicitors is here to provide legal advice on child maintenance and advise on the types of child custody. If your relationship breaks down, we will help with any issues that may arise in relation to your children, the most important part of your family.

Whilst every case in child law is different, at Newtons Solicitors, we strive to ensure that your views are fully considered, and your relationship with your children is preserved and protected. We can help with the following areas:

• Residence (child custody arrangements) and contact (access)
• Parental responsibility and decision making
• Paternity
• Child Abduction
• Child maintenance advice

Residence and Contact (Child Arrangements Orders)

Child Arrangements Orders were formally known as residence and contact orders and refer to child custody agreements. These relate to:

• where your child will live when your child spends time with each parent;
• when and what other types of contact will be available; or
• for example, phone calls and when they take place.

If a child is not returned to the parent they live with following a contact visit, a court can make an order for that child’s immediate return. Occasionally, a child is removed from the jurisdiction of the English courts either to another part of the UK or abroad. If the former has happened and a child arrangements order is in place, this will be enforced by the local court.

Child Maintenance

What is Child Maintenance?

Child maintenance refers to the arrangement between parents of a child and covers the way in which the child’s living cost will be paid for when the parents separate or divorce or if they have never been in a relationship. Even if one parent has no contact with their child, they are still responsible for the costs of raising their child. Child maintenance arrangements must be made for all children under 16 and can be either a private arrangement or one facilitated by the Child Maintenance Service.

Child law solicitors at Newtons are experienced in providing legal advice on child maintenance. With the introduction of the Child Maintenance Service (formerly The Child Support Agency) on the 5th April 1993, the Court’s power to make child maintenance orders were removed in all but a limited number of circumstances. Therefore, the Court retains jurisdiction, where:

• the parties agree on a child maintenance order (a consent order); or
• the order is for something specific, for example, educational expenses, costs incurred for a child with a disability or where the limit of the CMS assessment has been reached which are known as top-up orders.

In all other cases, a parent who has the care of a child and who cannot agree on a maintenance payment with the non-resident parent can apply to the CMS for an assessment. The CMS will calculate how much the non-resident parent should pay based on their gross income, and if payment is not made, the CMS has powers of enforcement.

At Newtons our dedicated and experienced family team will provide you with the child maintenance advice to ensure that the right amount is paid, preferably without it becoming necessary for a CMS assessment to be made.

Our family law team is here to help. Please call us to find out how we can help. We can talk on the phone, arrange a face to face meeting or a video call where we can discuss your options and give you a clear idea of time-frames and costs. Alternatively, please contact us online, and we will call you back when it is convenient for you.