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?

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.