Transparency in the Family Courts – the Dawn of a ‘New Norm’

Posted on 1st June 2023 by McAlister Family Law

Transparency in the Family Courts – the Dawn of a ‘New Norm’

Should the media report on the Family Courts? Here, Ruth Hetherington looks at the role of transparency in the family courts and how transparency orders will protect those families already under a lot of stress.

For many years now, on the whole, the Family Courts sit in private, which means no one else is allowed into the Court hearing except those people involved. Some would say that there is a shroud of secrecy in the Family Courts and decisions are being made behind closed doors. There has been a genuine reason for this … there is a need to protect the privacy of the people involved, particularly children balanced with having the public’s perception, trust and confidence about the way in which the family courts operate.

At present S.12 of the Administration of Justice Act 1960 prevents reporting of most family law cases in the absence of the Judges consent. This legislation was intended to ‘protect and support the administration of justice’.

S.97 Children Act 1989 protects the identity of children. It is a criminal offence if breached.

As it can be seen, currently there is little scope for reporting on any family case.

It would be fair to say that most family cases have been held in private, but the public only get to hear about ‘big money’ cases and predominantly the lives of celebrities when they hit the headlines.

The appetite however for the family courts to be more accessible has been a matter of discussion and debate for many years. The President of the Family Law Division, Sir Andrew McFarlane intends to change all of that.

Sir Andrew McFarlane published a report in October 2021 entitled ‘Confidence and Confidentiality: Transparency in the Family Courts’.

The emphasis now is very much that the veil of secrecy and mystery associated with the family courts needs to be lifted, mainly to provide the public with confidence that the family courts are safeguarding children and their families.

Sir Andrew McFarlane says ‘the time has come for accredited media representatives to be able to not only attend hearings but to report publicly on what they see and hear. Any reporting must however be subject to very clear rules to maintain anonymity of children and families and to keep confidential intimate details of their private lives.

Pilots are now running in Cardiff, Leeds and Carlisle, and they will continue throughout 2023 with data being collated. In essence accredited media representatives and legal bloggers are permitted to attend court hearings, have access to documents and report on the outcome, subject to the terms of a Transparency Order.

Transparency orders will set out what can and cannot be reported on. Reporters must and will be bound by that order. The Transparency Order can be varied or removed at any point, by the Court.

The case needs to be conducted in an orderly way and not be prejudiced or compromised. However, how this operates in practice forms part of the Pilot now running.

The pilot will start with public law cases (care proceedings) then private law children proceedings.

The jury is still out, as many family practitioners, are apprehensive of the changes as all families going through the family court are already experiencing stress and anxiety without having to deal with an added layer that their case could be reported on. It may prevent or deter many vulnerable people in seeking access to justice at a time in their lives where help and support is needed.

The message is clear, confidence and confidentiality can be achieved and that there needs to be a major shift in culture.

Legal bloggers

Interesting concept and development within the Pilot in that anyone can ‘blog’ on the law, but can they just attend a hearing? The answer is no. To be able to attend court hearings you must be a ‘duly authorised lawyer’. Blogging can only be for journalistic research or public, legal educational purposes. So…in the busy lives of family practitioners do they have time to attend other court hearings that they are not involved in, would they want to, could this be part of training for young lawyers entering the early part of their career. It remans to be some as to whether there is the ‘up take’ on legal bloggers.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Breach of child arrangements order – What are my options?

Posted on 4th May 2023 by McAlister Family Law

Breach of child arrangements order – What are my options?

Navigating decisions about arrangements for the children, house rules and holidays can be a very difficult task for separated parents. In cases where an impasse is irreconcilable, it may be necessary to secure a Child Arrangements Order to clarify matters and enable the parties to move on with their lives. Here, Agata Napora looks at the consequences if Court Orders aren’t followed.

Initial Steps

A constant breach can be very upsetting and cause a lot of uncertainty for the other parent and the child concerned which is far from desirable and should be handled with care. In first instance we would recommend that you always try to address all the issues direct as this may help break the ice between you and help resolve matters without the need of engaging a solicitor or taking your case back Court. However, should this approach be unsuccessful, the next step would be to contact a solicitor with a view to writing to the other party and reminding them of their obligation to comply with the Order and the legal ramifications if they continue to breach it.

A Child Arrangements Order has a “Warning Notice” attached to it which informs the parties about the consequences of failure to abide by the terms of the Order. From a legal standpoint, a breach of a Court Order is a serious affair as it constitutes a contempt of Court, and this may lead to sanctions being made against the non-compliant parent.

If correspondence from a solicitor does not achieve the desired effect and the other parent continues to act contrary to the terms of the Order, then you may need to consider applying to the Court for enforcement.

What Constitutes a Breach of an Order

When a Child Arrangements Order is already in place almost anything can amount to a breach including a lateness to the handover or a cancellation of contact due to an illness, or a prior work commitment. Whilst a one-off incident of this nature is unlikely to be enough for the Court to order a sanction against the other party, a series of minor breaches may have a profound impact on the welfare of the child and the Court will therefore take a closer look at the overall situation. It is therefore advisable to keep a record of all the instances and the frequency of the said breaches so that the Court can benefit from a full picture and is able to investigate the issues accordingly.

What the Court looks for in enforcement applications

The Court will determine the nature of the breach and look at the reasons behind the other parent’s non-compliance. The Judge will be interested in knowing as to whether there is a plausible explanation behind the other parent’s conduct or perhaps no valid justification at all. The Court will assess the effect of the breach on the child’s welfare and whether it would be in the child’s best interests for the order to be enforced. Every case is different, and in some circumstances, the Court may wish to obtain expert advice or a CAFCASS report or make a referral to social services to investigate matters in more detail before making a final determination.

How to make Enforcement application

An application to enforce a court order is made on a specific enforcement application form C79. There is also a Court fee payable of £232 unless you qualify for a fee remission. We would recommend that you seek legal advice on how to complete the form to ensure that your application is successful.

Enforcement and Sanctions

In deciding whether to enforce the Order, the Court must satisfy itself beyond reasonable doubt that such action is necessary and proportionate to the seriousness and frequency of the parent committing the breach and that the Enforcement Order is required to secure compliance with the Order. If the breach turns out to be minor or the parent in breach of the Order actively shows remorse and perhaps undertakes to the Court not to repeat the said misconduct, the Court is likely to consider that Enforcement Order is not necessary. Furthermore, if a parent in breach of the Order can show on balance of probabilities that they had a reasonable excuse for failing to comply with the order, then it an Enforcement Order will not be granted.

Whilst some parties may be referred to a separated parents information program (SPIP) or mediation to resolve their disputes, others could be ordered to pay a fine, undertake unpaid work or be committed to prison. It may also be possible for one parent to seek a compensation for financial loss suffered by reason of the breach.

Who pays costs of enforcement proceedings

The standard rule on costs in children proceedings is that there should be no order for costs. This approach however does not apply to applications for enforcement orders meaning that the applicant party have the right to seek costs against the respondent party and the Court has a discretion to order the unsuccessful party to pay the reasonable legal costs of the other side.

If you are considering applying to the Court for enforcement of the existing Child Arrangements Order, we would highly recommend that you seek specialist assistance.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Means free Legal Aid being extended

Posted on 18th April 202318th April 2023 by McAlister Family Law

Means free Legal Aid being extended

Government announces extension to the rules for family legal aid. The scope of means free Legal Aid is being extended for Parents and those with Parental Responsibility. This applies to opposing applications for Placement and Adoption Orders in public family law proceedings. Here, Clint Nicholls looks at what this means for you.

Well, it will be a relief for many Parents as it will make it easier to obtain Legal Aid as the case will only be assessed on a merits basis, whereas previously applications were subject to the means test. Challenging an adoption or Placement Order is a daunting task especially for vulnerable Parents who may have little support if they cannot obtain legal help. If Parents can demonstrate that they have made changes and these changes are sufficient, then their case will be assessed on merits only and they will not have the added worry of their financial circumstances barring them from accessing legal help. This is a positive step from the Legal Aid Agency and should be welcomed and hopefully further steps can be made to allow more people to access legal services without having to worry about their financial means.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

The rise in domestic abuse cases against pregnant women: What can victims do to protect themselves and their unborn child?

Posted on 6th April 2023 by McAlister Family Law

The rise in domestic abuse cases against pregnant women: What can victims do to protect themselves and their unborn child?

Pregnancies can be a joyous occasion, with both prospective parents doing everything to ensure that their developing baby is born into a loving family, have a good upbringing and grow into a well-adjusted adult. However, the Domestic Abuse Report 2022 and annual audits paint a very different and concerning picture. Here, Ruth Hetherington looks at the stark reality of domestic abuse against pregnant women.

The stark reality of domestic abuse against pregnant women

It is reported that 20-30% of pregnant women report incidents of physical violence, 14% reporting severe or life-threatening violence. Around 36% of women experience verbal abuse during pregnancy and the statistics also reveal that 20% of pregnant women report sexual violence.

These reports are shocking and give stark clarity to the extent of domestic abuse in pregnancy, which shows no regard by abusers as to their partner but more importantly the baby. There is a distinct lack of understanding of domestic abuse generally, but particularly the impact and effect on an unborn child cannot be dismissed or ignored.

The key findings of the Audit Report Year 2020-2021 show that most women accessing domestic abuse support services have children, and 7.3% of women seeking support services are pregnant women in refugees.

The physical risks to pregnant women are significant, with injuries reported to be sustained to the head, neck, broken bones, and punches to the stomach. Much of this information would be repugnant to many, but it can form a pattern of coercive control behaviours, which can escalate when pregnant. It creates a dependency and a sense of hopelessness, which means women are left in a vulnerable state, with nowhere to turn, particularly if they lack the strength to be able to leave.

The impact on the child

Babies that grow up within an environment where domestic abuse is a factor will be negatively impacted. It must be a scary environment for any child to witness and grow up in such circumstances, but babies are just as affected as any other child, given their vulnerability in lack of mobility or verbal comprehension.

Children do and can develop maladaptive coping strategies which can put themselves at risk as they feel a responsibility for their parent who is suffering from such abuse. This feeling of responsibility is often heightened when their mother is pregnant. Children can be supported by domestic abuse services, however, these services are limited, depending on the area where you live.

The unfortunate reality of abuse and what victims can do to protect themselves and their children

Unfortunately, women who are unable to break free from their abuser can often be blamed by professionals with allegations of failing to protect their unborn child, which can lead to the possibility of having their child removed at birth.

This does not seem fair or just. It takes incredible strength to leave an abusive relationship, especially when there is a developed dependency and pregnancy. Feelings of being trapped, being alone and nowhere to turn to are common.

There needs to be a real focus on situations of this nature to help vulnerable women but more so children, who can suffer in in such circumstances by getting hurt physically and suffering psychologically and emotionally. If you or anyone close to you are suffering any form of domestic abuse the Government have produced a helpful guide which provides useful telephone numbers.

McAlister Family Law helps, advises and supports those suffering any form of abuse, whether that be physical abuse or coercive control, and our specialist Children team can guide you through ways in which to protect yourself and your children.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Three’s a crowd – The financial implications of being in a throuple

Posted on 30th March 2023 by McAlister Family Law

Three’s a crowd – The financial implications of being in a throuple

There has been a recent celebrity trend for being in a throuple, with familiar names such as David Haye, Brooklyn Beckham, and Selena Gomez all partaking in the trend. Here, Lisa Brown looks at what it means to be in a throuple and what it means from a financial perspective.

So, what is a throuple?

A throuple is, put simply, a romantic relationship between three people. It can take various forms. Each party may be equally involved or there may be a primary relationship between two of them.

What does it mean legally?

Polyamourous relationships are not recognised legally in the England and Wales. You can only marry or enter into a civil partnership with one person at a time. If you were to marry more than one person outside of the England and Wales, then this would be considered void and can be annulled.

This means that in the eyes of the law, a throuple either lives as cohabiting partners, or two members of the throuple are married or in a civil partnership in a more formal legal relationship compared to the third party of the throuple.

What is the difference from a financial perspective?

Cohabiting couples in England and Wales do not currently have any special protection or rights against each other. Despite popular belief there is no such thing as a “common law marriage” and this remains the case no matter how long the relationship lasts.

What this means is that somebody could be in a 20-year relationship with an extremely wealthy person (or persons) and still exit with nothing.

The starting point for a cohabiting relationship is that you each simply retain what is legally in your name when the relationship ends.

Whilst exiting with what you brought in might seem fair for Una Healey when leaving a relatively short relationship with David Haye and Sian Osbourne, it does very much depend on the circumstances.

With marriage and civil partnerships not an option for all three people at the same time, the only other option for them to consider would be a cohabitation agreement to set out the intention should the relationship/s break down. Cohabitation agreements can be very useful tools although they are not 100% legally binding.

What if two people in the couple get married or enter into a civil partnership?

Should two parties of the throuple decide to legally marry or enter a civil partnership, it would significantly alter the legal relationship between those two individuals, and they would each have potential financial claims against the other for property to be transferred, lump sums to be paid, pensions to be shared and spousal maintenance.

Within a throuple this would mean that the person not in the marriage is in a significantly different position to the other two. This could be a big disadvantage but, in certain circumstances, it may also be an advantage. For example, if the member not in the marriage were significantly wealthier than the other two, they may not want to be exposed to the potential claims that being married brings.

What about children?

Where there are children in a relationship there is also a possibility of one parent making a financial claim on their behalf against the other parent under Schedule 1 of the Children Act 1989.

These types of claims are limited to needs of the child and can include provision of a home (usually until child is 18 or 21), lump sums to meet specific needs and maintenance.

Whether a claim under Schedule 1 is worth making will be dependent on the circumstances including the financial resources of the parents and the care arrangements for the child or children.

If you or somebody you know wants to understand their legal position better whether they are in a couple, throuple, cohabiting, thinking about cohabiting, engaged or married they should contact one of our specialist family lawyers today.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Daisy’s Law – New measures to recognise children born as a result of rape

Posted on 23rd March 202323rd March 2023 by McAlister Family Law

Daisy’s Law – New measures to recognise children born as a result of rape

Children born as a result of rape will officially be recognised as victims of crime and receive better support under changes announced by the Government. Here, Rubecca Rahman, McAlister Family Law Paralegal, looks at what the introduction of ‘Daisy’s Law’ will mean for children, victims and survivors of sexual abuse.

On 19^th January 2023 the Government announced that children born as a result of rape will officially be recognised as victims. This follows the Government’s intention to further support victims of such heinous crimes and allow them the opportunity to make the individual accountable for d the crime.

Government statistics suggest that highest ever number of rapes within a 12-month period was recorded by police in the year ending September 2022 and in that same time period, charges were brought in just 2,616 rape cases.[1]

The UK government has announced these changes to the law which will recognise children as victims under the proposal ‘Daisy’s Law.’ England and Wales will be amongst the first countries in the world to bring about such change to their legislation, recognising the horrific circumstances that these children suffer due to no fault of their own.

At present, the lack of explicit reference to people born as a result of rape in the Victims’ Code, which is essentially a code of practice which sets out the minimum standard that all organisations must provide to victims of crime.[2] makes it very difficult for them to claim support and entitlements such as being provided with information about their case. The new laws will allow such children to receive specialist care and support from the criminal justice system which they may have otherwise not have had access to. The change will also allow victims to access counselling and therapy much easier as the government is committed to delivering better outcomes for victims and survivors of sexual abuse.

This landmark piece of legislation follows recommendations from the Justice Select Committee as it seeks to put the needs and voices of victims at the heart of the justice system and increase the accountability of agencies.

The Centre for Women’s Justice (CWJ) found that children born as a result of rape were at risk of suffering serious and long-term harm due to the distressing circumstances of their birth, from infancy well into later life.[3]

Daisy’s Law

Daisy was conceived as a result of rape in the 1970’s and her biological father, Mr Carvel Bennet was never brought to justice, despite her mother reporting the report at the time. He was eventually brought to justice in 2021 using Daisy’s DNA.[4]

As a child, Daisy was raised by an adoptive family, shielded from the truth about the circumstances of her birth. Once she turned 18, she requested her adoption file, hoping to learn more about her birth family and was horrified to learn that her birth mother had become pregnant with her at just 13 years of age. Eventually, Daisy was able to establish a contact with her birth mother and campaigned for her biological father to be brought to justice, offering her DNA as evidence that could be used to prove the prosecution case.

Once this matter was brought before the court, the police were able to secure a conviction against her biological father. Under the criminal law proceedings, Daisy had no rights within law to be kept informed of the progress of the investigation or the prosecution as she was not recognised as a victim of the crime. She therefore worked effortlessly to raise awareness in the press of the difficulties she faced by not being recognised as a secondary victim of rape.

Final thoughts

It is hoped that by working together with other countries to develop a recognised framework, children born of sexual violence will not be disadvantaged by the circumstances of their birth. The call to action has already been endorsed by several countries and organisations and it is hoped this change will have a huge impact on the way matters are dealt with in and out of proceedings and to the victims and those affected by it.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

References:

[1] https://rapecrisis.org.uk/get-informed/statistics-sexual-violence/

[2] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/974376/victims-code-2020.pdf

[3] https://www.centreforwomensjustice.org.uk/news/2022/8/15/daisys-law-new-research-commissioned-by-centre-for-womens-justice-demonstrates-why-children-born-from-rape-should-be-recognised-as-victims-in-law

[4] https://static1.squarespace.com/static/5aa98420f2e6b1ba0c874e42/t/62fa26731a8f4921aef8545c/1660561012202/Daisy%27s+story.pdf

The New Age of Social Media v Children’s Rights to Privacy Online

Posted on 16th March 202323rd March 2023 by McAlister Family Law

The new age of social media v children’s rights to privacy online

The growing popularity of online social media platforms such as TikTok and Instagram has paved the way for a newfound presence of ‘kidfluencers’ – children thrust into the online spotlight by their parents or legal guardian, often becoming the face of a personal brand in return for sponsorship deals and paid promotions, with some pages reported to earn thousands of pounds per post.

Here, Eleanor Drury looks at how the influencer marketing industry may put children at risk, and what other jurisdictions are doing to protect them.

Last year, the House of Commons Digital, Culture, Media and Sport committee raised concerns that children are being used by entrepreneurial parents and guardians to capitalise on the growing market, and that a lack of action to regulate this area will lead to children in the industry being exploited. Whilst the UK has previously implemented child labour legislation, this was drafted some time ago and arguably needs to be to address gaps arising from 21^st century ways of life and provide regulation around two key grey areas; firstly, a child’s right to privacy on social media; namely, how content of them is shared and with whom, and secondly, whether profits are protected for the child’s future benefit.

The courts and legislators are faced with a tricky situation whereby the best interests of the child must be finely considered. There is an argument that children in this industry have a better quality of life, presented with further opportunities and greater financial freedom. Does filming and posting your child unboxing gifts, playing pranks or simply singing and dancing along with the latest trends really trigger the need for intervention? Or does the commercialisation for an online audience negate the defence of it simply being ‘play time’?

Given the overwhelming popularity of technology and social media, and the fact that of course not every child posted online is subject to a huge following of strangers on the internet, the courts will likely be keen to avoid a situation in which the floodgates are opened to excess claims and would therefore need to scrutinize a number of variables such as the age of the child, any safeguards put in place to protect the child and how much time and effort is required is of the child. It must also be recognised that the vast majority of parents and guardians post their children online out of love and parental pride.

In 2020, the French parliament adopted a new law on the commercial use of images of children under 16 years old on online platforms. The law aims to protect child influencers and provide a legal framework to prevent their exploitation online. This legislation requires parents and guardians to seek prior government authorisation to produce videos or imagery of children for online platforms where revenue exceeds certain thresholds, along with protecting any income generated by ensuring that only a percentage of this is received by parents and guardians, with the remainder being placed in trust for the child to access during adulthood.

With influencer marketing rapidly on the rise, perhaps UK legislators will decide soon to follow in the footsteps of other jurisdictions and provide a more modernised and inclusive take on pre-existing child labour law.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Do people go into marriage with their eyes wide open?

Posted on 9th March 2023 by McAlister Family Law

Do people go into marriage with their eyes wide open?

When people get married, it’s a whirlwind of romance, excitement and planning the big day. The average modern wedding takes about 11 months to plan, over 528 hours (22 whole days). But how much do the to-be-weds understand about the legal and financial implications of marriage? Here, Frances Bentley looks at how couples can go into marriage with their eyes wide open.

Being in the process of planning my own wedding, I can certainly believe the amount of time that goes into it. It is hard not to get swept up in planning the actual wedding day, and sometimes there is a much lesser focus on what marriage actually means after the big day.

As a divorce lawyer, when clients come to me, they say that they did not understand or appreciate the legal and financial implications of marriage when going into it. It begs the question as to whether there should be more education about it before people get married.

It might seem obvious that marriage means a sharing of each other’s lives, hopefully forever, so maybe it isn’t needed. However, if things don’t work out, a lot of people don’t often understand what would actually happen to their finances on divorce. Maybe it isn’t the most romantic thing to think or talk about before you get married, but actually understanding and knowing the implications might mean that people are going into marriage with their eyes open.

I think it is really healthy to have that conversation and so people know where they stand. In my view, it doesn’t undermine the fact that the plan is to stay together forever, and of course that is what the aim is. I actually think it is a bit of a red flag if your future spouse reacts badly to that conversation.

So how can you protect yourself financially if you are getting married?

One way that couples that are to be married can protect their financial position in the event of a future separation is to enter into a pre-nuptial agreement (or a post nuptial agreement if they are already married).

Nuptial agreements can detail what is going to happen with finances in the event of future divorce and whether, for example, one person’s inheritance, or assets brought into the marriage are to be “ringfenced” from any future division of assets on divorce. It allows both people entering into the marriage with knowledge of the other’s financial position and some clarity.

Whilst nuptial agreements are not technically legally binding in England and Wales, they are being upheld much more by the courts and are persuasive, as long as they have been entered into procedurally correctly, both parties have taken legal advice, and are considered to be “fair” to both parties. They can also be reviewed throughout the marriage to take into account any changes in circumstances and ensure that they remain to be “fair”.

On a divorce, the starting point legally or finances is a 50/50 division of all assets. The court would then look at whether or not that is fair, and whether there should be a departure from that starting point, taking into account a number of factors. The factors include what the parties or any children “need” financially, what contributions have been made prior to, during and after the marriage, the standard of living enjoyed amongst other factors, one being whether there has been any pre-nuptial agreement entered into and whether that should be upheld.

The court will look at what is fair and reasonable, in all of the circumstances of the case, and if, the pre-nuptial agreement remains to be fair and reasonable, it is very likely to be upheld and assets brought into the marriage are likely to be protected. It does therefore offer protection and clarity and an understanding of the other person’s financial position before the marriage.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Child Maintenance and Domestic Abuse – New measures to assist survivors of domestic abuse

Posted on 2nd March 2023 by McAlister Family Law

Child Maintenance and Domestic Abuse – New measures to assist survivors of domestic abuse

New laws will soon be introduced to protect victims of domestic abuse from having to deal with the other parent, if they are the perpetrator of the abuse, in regard to child maintenance applications. Here, Melissa Jones, Senior Associate, looks at what this means for domestic abuse victims and how the Child Maintenance Service is going to support them.

It’s not physical violence, is it Domestic Abuse?

Domestic abuse is when someone close to you, often a partner or spouse causes you physical, sexual, financial or emotional hardship. It is a misconception that in order for you to be categorized as being in an abusive relationship, there must be physical violence. In many cases there is no physical violence; instead, there is psychological and emotional abuse.

Domestic violence can take many forms. Other than physical violence and threats of violence, you may feel intimidated by things that are said to you, or the manner in which you are treated. You may feel controlled and prevented from spending time with friends and family. Abuse can be verbal; you may feel belittled by your partner at home or in front of others.

In addition to the above, you might feel anxious about claiming child maintenance from the other parent, if they have been abusive towards you, because they might use a child maintenance application as a way to further contact you, harass your, intimidate you or as a way of exerting financial control.

What is Child Maintenance? Can I claim this?

All parents have a responsibility to provide financially for their child even if they live apart from the child and the other parent. Child maintenance can make a significant difference to a child’s wellbeing and the quality of family relationships. Child maintenance is the regular, reliable financial support parents provide for their child when they separate. It can help towards a child’s everyday living costs and give them the best start in life.

Child maintenance can be agreed voluntarily between parents. If an agreement cannot be reached, then an application can be made to the Child Maintenance Service (CMS) – a government body that assesses one parent’s financial means and can make a mandatory requirement that he or she pays child maintenance to the other.

The amount of child maintenance that will need to be paid will depend on a number of factors. For further information visit the Government website.

How will the Child Maintenance Service help me?

Under the new measures soon to be introduced, the CMS will:

Give you the choice, as a survivor of domestic abuse, to allow the CMS to collect Child Maintenance and make payments on your behalf. This would be without the consent of the abusive ex-partner.
Be given powers to report suspected cases of financial coercion to the Crown Protection Service.

Senior Associate, Melissa Jones comments “this is a very helpful and proactive step in tackling domestic abuse and practically assisting survivors of domestic abuse. Sadly, help for a victim is not only needed when they are still with perpetrator but long after too, and with Child Maintenance claims, protection might still be needed after the relationship has ended to prevent further emotional and financial control. The new measures are much needed, and will no doubt help a number of domestic abuse survivors in difficult times and adds an extra layer of protection as they move on with their lives.”

If you believe you are, or someone you know is suffering from domestic abuse, then there are ways to help you, and them. At McAlister Family Law we can help victims of domestic abuse by advising them on the most appropriate course of action in their particular situation,

If you are anxious about claiming child maintenance, want to learn more about your rights pet and want some advice, then contact our team of family experts who can advise you further.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Sources

https://www.familylawweek.co.uk/site.aspx?i=ed235424

I didn’t know I had a child – What are my legal rights?

Posted on 23rd February 2023 by McAlister Family Law

I didn’t know I had a child – What are my legal rights?

If you have only just found out that you and your ex-partner have a child together, which you did not know about, you might find yourself asking ‘what are my legal rights?’. Here, Weronika Husejko looks at parental responsibility, contact and what the court may consider.

Most parents have what is called ‘parental responsibility’. Parental responsibility is defined as all of the rights, duties, powers, responsibilities and authorities which by law a parent of a child has in relation to the child and the child’s property. This includes housing the child, maintaining them, and making decisions such as which school the child goes to, or whether they receive certain medical treatment.

Parental responsibility is automatically acquired by a mother by way of giving birth to the child.

The father on the other hand can acquire parental responsibility by one of four ways: –

Being married to the child’s mother
Being named on the child’s birth certificate
By the mother agreeing for the father to have parental responsibility
By applying to the Court for parental responsibility

If you did not know that you were the child’s father, the likelihood may be that you do not have parental responsibility of your child. If the mother or other parent with parental responsibility agrees for you to have parental responsibility, you can complete a Parental Responsibility Agreement. However, if the mother or other parent with parental responsibility do not agree, you can apply to the Court for parental responsibility. If granted by the Court, it will provide you with certain legal rights and responsibilities in relation to the child as mentioned above. Even if you do not have parental responsibility, you may be able to have contact with the child. If the other parent does not agree for you to spend time with the child, there are various options available to you. You have the right to apply to the Court for a Child Arrangements Order as a parent of the child regardless of whether you have parental responsibility.

A Child Arrangements Order regulates who and when the child is to live with, spend time with and have any other contact with. So, for example, you wish to apply to the Court for an Order that you spend time with the child on specific days.

When the Court considers this type of application, the child’s welfare will be their paramount consideration. They must have regard to the ‘welfare checklist’ which is set out by Section 1 of the Children Act 1989. This includes things such as the wishes and feelings of the child and their physical, emotional and educational needs.

You may not necessarily have to go to Court if contact with your child cannot be agreed with the mother. Mediation is a useful option in certain circumstances. There is a requirement to attend a Mediation Information and Assessment Meeting (MIAM) before making a Court application in any event.

If an agreement is reached for contact either directly between yourselves or via a mediator, you can put together a parenting plan. This is not enforceable by the Court however it can be very useful for parents to use it as a basis for their child arrangements.

We can provide you with specific advice as to what your rights and options are as a father. Get in touch with our specialist children team.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.