Children Law

If you have separated from your partner or you are mid-way through divorce proceedings, the most important thing to sort out is the childcare arrangements for your children. As parents, you need to decide whether your children will be co-parented, parallel parented, or if one parent will be the primary parent, looking after the children full-time, with the other parent spending time with them. Whatever child care arrangement you choose, a parenting plan can help both parents understand the ground rules and reduce the risk of disputes and court applications for child arrangement orders. For specialist family law advice on parenting plans and child arrangement orders, call Evolve Family Law or complete our online enquiry form.   Children law solicitor, Louise Halford, answers your frequently asked questions on parenting plans: What is a parenting plan? How do I agree on a parenting plan? What should be included in a parenting plan? How do you change a parenting plan?  What is a parenting plan? A parenting plan is a document created by parents to outline the parenting arrangements for a child or children following a separation or divorce. Parents can agree upon a parenting plan, or it can be made after children's court proceedings for a: Child arrangement order. Specific issue order. Prohibited steps order. Relocation order. How do I agree on a parenting plan? There are many ways that parents can agree on a parenting plan. You can use a template and prepare one yourself. Sometimes, that is a bad idea, as ‘going it alone’ may lead to arguing with your ex-partner and polarising your positions. With the help of a children's law solicitor or family mediator, you may be able to discuss child care arrangements and reach a compromise. At Evolve Family Law, our solicitors are committed to helping parents reach an agreement on post-separation parenting arrangements for their children without needing to apply to court for a child arrangement order. We can do this through: Solicitor negotiations. Family mediation with our family law mediator. Family arbitration. Using our amicable divorce one lawyer service. Sometimes, a parent has no choice but to apply to the court for a child arrangement order. For example, if one parent is not able to provide a satisfactory level of care or if they fear the other parent will take the child overseas to live. To understand your options, book a consultation with one of our specialist family law solicitors. What should go into a parenting plan? Every child and family is different, so your parenting plan should be tailored to your individual needs and those of your child. The fact that a family member, a neighbour, or a friend has a parenting plan should not influence what should go into your parenting plan. That is because your parenting plan needs to outline the best agreement for your family, taking into account your family's circumstances and personal preferences. For example, some parents share care of their children, with the children spending an equal amount of time with each parent. Other parents prefer their children to have one home base during the week and to share quality time on weekends and school holidays. Neither option is the ‘best’ or the right one, as so much depends on your family and each parent’s work commitments and the distance between the two homes. Every parenting plan should consider including what has been agreed on, such as: Home base– unless parenting is to be shared equally. Contact or shared parenting arrangements, such as the agreed-upon times for collection and return, drop-off points, and who will do the collections and returns. The practical points on shared care and regular contact, such as the washing and return of school uniforms, the supervision of homework or who is responsible for clothes and shoes shopping or haircuts. Whether phone contact is to take placebetween parent and child, and, if so, the frequency of phone calls so that they do not become too restrictive or intrusive for a parent with the care of a younger child. Special contact(child and parents' birthdays, Mother’s Day, Father’s Day, as well as Christmas and religious observance days) and holidays. Best method of communication between parentsif contact or other arrangements need to be changed. For example, mobile, text or email. Communication may be necessary to cancel a visit or to agree on a coordinated approach to buying birthday presents. Who is responsible for medical and dental appointments, and communication about appointments, or to say if a child is ill or hospitalised. How will you deal with parent evenings at school, or attendance at school plays, or sports days? How will you address the introduction of new partners and their children, and the communication of the information to your ex-partner? This type of information is helpful so that the other parent does not find out about new relationships or remarriage through the child. Whilst you may not want to communicate this type of personal information or receive the news about your ex-partner’s new relationship, a significant reason for child care arrangement breakdown is non-communication over adult issues that also affect your child. Holiday plans– if you plan to go on holiday during your holiday contact time, is it agreed that you need to inform the other parent about your planned trips overseas or to a destination in the UK and give agreed key information such as flight times and numbers and hotel details and who else who will be accompanying the child on holiday. For example, a new partner and their children. Parenting plan changes– how you will agree to make changes to the parenting plan.   You might also be interested in [related_posts] How do you change a parenting plan? Children's wants and needs change over time. What are the appropriate parenting arrangements for a two-year-old who is not in school may be completely different from those for an eleven-year-old. By the time a child is in their teenage years, the arrangements will need to change again. Add to the mix that your circumstances may change with a new job, house, or relationship, and the arrival of additional children or stepchildren. Likewise, your ex-partner’s circumstances are likely to change, necessitating a review of the parenting plan. The fact that a parenting plan needs to be changed should not be a sign of defeat. For example, your five-year-old may struggle to cope with equal co-parenting, even if their cousin or other children in their class can manage it. Some children are just more adaptable than others. Alternatively, a parenting plan may need changing or tweaking because the only reason that a child is struggling with co-parenting or parallel parenting is different parenting regimes in the two households and two parenting styles that are confusing to the child because as soon as a child has got used to one routine they move to their other parent’s home. Agreeing to a change in the parenting plan A parenting plan can be changed by email, or you may prefer a meeting; alternatively, you can set up an annual review to discuss how things are working. The best thing is that if anything about the child care arrangements is ‘bugging you’, you do not let things fester, so they do not become acrimonious or even lead to children's law court proceedings. Instead, it is preferable to agree to review the parenting plan, perhaps with the help of a children's law solicitor or family mediator, before the arrangements break down or positions are polarised. It is also helpful to remember that as children get older, they will want to have a say in the parenting plan. For example, the ten o’clock Saturday contact start time may work for you, but your teenager may want to stay in bed until noon or go out with their mates on a Saturday night. The key point with a parenting plan is that it should evolve with you and your family. Just because something worked in the past doesn’t mean it's necessarily the best approach for your child or your ex-partner now. How can a children's law solicitor at Evolve Family Law help? If you are struggling to agree on child care arrangements after your separation or divorce, or you want to change your parenting plan and your ex-partner is resisting, Evolve Family Law can help you to reach an agreement or secure a child arrangement order. We are North West and Online Children Law Solicitors: For expert family law advice, call us now or complete our online enquiry form.

Couples struggling to achieve parenthood can look to international surrogacy to achieve their dream. Our family lawyers advise on international surrogacy arrangements, provide preliminary advice on matters to consider before embarking on international surrogacy, and represent parents in parental order applications. Call Evolve Family Law or complete our online enquiry form for international surrogacy advice. International surrogacy and the law Under UK law, a surrogate mother is the legal mother of a child born through surrogacy. That is the case even where there is a genetic link between the baby and the intended mother or father. This UK law applies even if the baby is born through international surrogacy. International surrogacy can throw up complicated family law issues as well as immigration and nationality issues for the baby. However, many families still opt to use international surrogacy because: The availability of overseas surrogates compared to the UK. Heritage reasons, as one or both parents originated from the surrogate's country of birth. Intended parents don’t realise how complicated international surrogacy and immigration law is. Often, intended parents choose international surrogacy for a combination of all three reasons. At Evolve Family Law, our specialist surrogacy solicitors provide expert international surrogacy advice so parents have a clearer understanding of the legal requirements and the timescale to return to the UK with their child. International surrogacy contracts In the UK, surrogacy arrangements are not enforceable as a contract between the surrogate mother and the intended parents. Different laws apply to surrogacy agreements in other countries. However, even if a surrogacy agreement is legally enforceable in the country where the surrogate mother lives, the intended parents cannot bring court proceedings to enforce it in the UK. International surrogacy and immigration     If a child is born to a surrogate mother who is not a British citizen, then complex surrogacy and immigration law will determine the nationality of the child. Those rules will also determine if and how the child can enter the UK. The child’s nationality and immigration status may depend on whether the intended father is genetically linked to the child and whether the surrogate mother is legally married or not. If you are contemplating international surrogacy, it is vital that you take expert legal advice from children and surrogacy law solicitors, as well as advice from immigration law experts. [related_posts] International surrogacy and parental orders Under UK children law, a child born to a surrogate mother is the legal child of the surrogate mother. Intended parents can apply to the family court for a parental order. This order extinguishes the legal rights of the surrogate mother and makes the intended parents the child’s legal parents. Once the parental order is made, the intended parents have parental responsibility for the child. Requirements for a parental order The Human Fertilisation & Embryology Act 2008 sets out the requirements for a parental order: The child must be carried by a surrogate who is not an intended parent. The surrogate (and her spouse, where relevant) must consent to the order. The consent must be unconditional and given at least six weeks after the child’s birth. The surrogate can only have received reasonable expenses for acting as a surrogate. At least one of the intended parents must have a genetic link to the child. The parental order applicants must be at least 18 years old. The application must be made within six months of the child’s birth. The child must have a home with the applicants at the time of the parental order application. One or both applicants must be UK domiciled. The law now says that applicants for a parental order can be single or couples. Joint applicants must be married, in a civil partnership, or in an enduring family relationship. The court defines enduring relationships broadly. Questions about parental order requirements Many intended parents have questions about the parental order requirements, such as: Can I be domiciled in the UK if I am not a British citizen? Can I apply for a parental order in the UK if I have Indefinite Leave to Remain or settled status under the EU Settlement Scheme? Can parental consent be dispensed with? When is a surrogate mother’s spouse’s consent required for the making of a parental order? What does the child having a home with the parental order applicants mean? How does that apply to situations where the baby has been living overseas and is awaiting UK entry clearance? What happens if the baby is over six months old at the parental order application date? What are reasonable expenses for a surrogate? What happens if the court thinks the payments made to the surrogate were excessive? Our UK surrogacy lawyers can answer your questions on surrogacy law and parental order requirements. Although the Act sets out the requirements, our family solicitors' advice is based on extensive caselaw, where family judges have widely interpreted the meaning of a home or enduring family relationship or dispensed with the requirement that the baby must be under the age of six months at the date of the application. Reasonable expenses have also been the subject of judicial caselaw. Expenses can include loss of earnings during the surrogate’s pregnancy, medical costs, pregnancy-related purchases, and expenditures related to the pregnancy, such as extra travel or dietary costs. Call Evolve Family Law or complete our online enquiry form for international surrogacy advice. Special considerations in international surrogacy arrangements There have been several parental order applications that have come before the court, where it has been evident to the family judge that the applicants had not taken expert advice before going ahead with the surrogacy arrangement. This led to all sorts of complexities with surrogacy law in the overseas country, the nationality of the baby, entry clearance and British nationality for the child, as well as the process taking substantially longer and being more complicated than the intended parents had contemplated. Concerns about intended parents not realising what they are getting themselves into have led to judges in three court cases drawing up a list of things for intended parents to consider when contemplating international surrogacy. The fact that the list now runs to 21 points emphasises how many issues there are for intended parents to consider when contemplating international surrogacy. The simplified 21 points from the three court cases are: What is the relevant legal framework in the country where the surrogacy arrangement is due to take place and where the child is to be born? Is surrogacy legal in the overseas country? When the child is born, will the intended parents be recognised as parents in the overseas country? Is that through the law in the country, or will the intended parents need to take legal steps before or after the child's birth? What is the surrogate mother’s legal status to the child at birth? If the surrogate is married at the time of the embryo transfer and/or when the child is born, what is her spouse’s legal status in relation to the child? If an agency is involved, what role will it play in matching the surrogate with the intended parents? What information, preparation or support has the surrogate had about the proposed surrogacy arrangement? Does the surrogate speak or read English? If not, what arrangements are in place to enable her to understand the surrogacy agreement? Will the intended parents and the surrogate have contact before deciding whether to proceed with a surrogacy arrangement? When will the agreement between the intended parents and surrogate be made, before or after the embryo transfer, and what are the reasons for it being at that time? What arrangements are proposed for contact between the intended parents and the surrogate during the pregnancy and/or after the birth? Which jurisdiction will the embryo transfer occur in, and which jurisdiction will the surrogate live in during pregnancy? Can the jurisdiction where the child is to be born be changed at any stage? If so, by whom and in what circumstances? What nationality will the child have at birth? What steps will need to be taken for the child to travel to the UK? What travel paperwork will be required, and how long will it take to get it? Do the intended parents need immigration advice on getting UK entry clearance for the child so the baby can enter the UK? What is the child’s immigration status after arriving in the UK? Will the intended parents keep a diary of chronological events and relevant documents to help with the parental order application and provide information about the child’s background and identity? Will discussions need to take place with departments such as the Home Department (HD), Department of Education (DfE) and/or Department of Health and Social Care (DHSC)? If proceedings are issued in the family court, should the HD, DfE, and/or DHSC be added as a party to the parental order application? What estate planning steps have been taken by the intended parents (before and after a parental order is made) regarding the child's future welfare? What steps have been taken by the intended parents regarding future care and financial arrangements for the child in the event of the incapacity of one (or both) of the intended parents? What steps have been taken by the intended parents in respect of future care and financial arrangements for the child in the event of the death of one (or both) of the intended parents? You may think that the final three questions about international surrogacy jar with the first 18 questions. That’s because those final three points were raised in the case of K & Anor v Z & Anor [2025], where estate planning and the child’s future care were welfare issues for consideration as the applicants were 72 years of age when applying for a parental order following a Californian surrogacy arrangement. If you want to read all three court cases and the full judicial wording of the 21 issues for consideration, the court cases are: Re Z (Foreign Surrogacy) [2024] EWFC 304 and Re Z (Unlawful Foreign Surrogacy: Adoption) [2025] EWHC 339 (Fam) K & Anor v Z & Anor [2025] EWHC 927 (Fam) (16 April 2025) Evolve Family Law Evolve Family Law is a niche firm of family law solicitors with substantial expertise in children and surrogacy law. If you are contemplating a surrogacy arrangement, either in the UK or abroad, our experts can advise you on your options and help you apply for a parental order. Call Evolve Family Law or complete our online enquiry form for international surrogacy advice.

You have come out of a court hearing and been vindicated. You were believed, and it feels great. You probably want to tell everyone that your ex got their comeuppance in court. Before contacting the Daily Mail or posting on Social Media, you need to be aware of the rules regarding what you can and cannot say about family law proceedings concerning your children. Our specialist family law solicitors can support you through children's law proceedings and provide guidance on the rules regarding confidentiality and transparency. If you need help with child residence or contact proceedings, phone Evolve Family Law or complete our online enquiry form. Telling your story Whilst your experience with child arrangement order, specific issue order, relocation order, or prohibited steps order proceedings is your story, your child is entitled to their privacy. That’s why judges insist that all court proceedings concerning children are kept confidential. Parents are not allowed to disclose to anyone who isn’t a party to the children's law court application the proceedings or to show them court paperwork. There are some exceptions to this rule. For example, your family law solicitor will need to explain to a potential witness why they are requesting that they file a statement of evidence on their behalf. Alternatively, your family lawyer may need to ask permission from the court to disclose relevant court documents to a child psychologist, allowing the expert to prepare a report. Whilst it is frustrating to be constrained by children's law rules, the easiest way to think of the blanket rules is that they are there to protect children who find themselves caught up in child arrangement orders or other court proceedings. Children rarely want the story told. If a child is old enough to have a say, they don’t want their friends gossiping, and they are fiercely protective of their privacy. Speaking about your experience of family court proceedings Before discussing your experience (good or bad) in the family court with third parties, it is essential to consult with your lawyer. Get expert advice and follow it; otherwise, you risk a judge finding you in contempt of court. Alternatively, if you breach confidentiality rules after an interim court hearing, you risk the judge at the final hearing refusing to make the orders you want. One example of this is speaking out after the judge makes findings at a finding of fact hearing. You may be delighted or appalled by the judge’s findings about an incident of domestic violence, but speaking about your experiences and identifying yourself (and, therefore, your child) could massively backfire. [related_posts] Transparency orders and children's law court proceedings A family court judge can be asked to issue a transparency order to permit limited media reporting of a child's law application. These orders are rarely made. Additionally, the information a parent is allowed to disclose is strictly controlled. Recent transparency order A current example of a transparency order application made in children's law proceedings is the 2025 reported case called M v F & Another. In these child arrangement order proceedings, the mother accused the child’s father of rape. The father countered her serious domestic violence accusations with an allegation of parental alienation. A judge initially dismissed the mother’s allegation of abuse, but eventually, the court made a finding that the mother had been raped and stripped the father of parental responsibility for his child. The family court issued a rare transparency order, allowing the mother to speak to the media and permitting the press to report her story. However, the order was tight enough to restrict the mother from personally writing or talking about the case. The mother’s barrister, therefore, asked the court to vary the transparency order, allowing the mother the freedom to speak out under a pseudonym to share her story and highlight her experience of the judicial system. When considering the mother’s request to vary the transparency order, the court had to consider: Section 12 of the Administration of Justice Act 1960 The Family Procedure Rules 2010 The inherent jurisdiction of the High Court Articles 8 and 10 of the European Convention of Human Rights The best interests of the child and the Children Act 1989 When considering the mother’s request to vary the initial transparency order, the court said: ‘The Court wishes to make clear, before embarking on its analysis of the legal arguments, that it is profoundly sympathetic to Ms. M’s position. The Court fully appreciates that the inability to be able to speak openly about how, as a victim of rape and domestic abuse she was dealt with by the family justice system, compounds the trauma she has suffered, and is experienced as a further means of coercion and control. Ms M clearly has an invaluable contribution to make to current debates about domestic abuse, parental alienation and contact with children within the family justice system. ’ The judge granted the mother’s request to vary the transparency order and allowed her to publish information under an alias about the proceedings, thereby preserving the anonymity of the child and, consequently, the parents. The transparency order says: ‘On the question of publication, and pursuant to the Court’s inherent jurisdiction, I therefore conclude: Permission is granted to Ms M to publish media articles about her experiences of the family court system and the domestic abuse she suffered at the hands of the father, using an alias. Mr F’s application is refused. Permission is granted to Ms M to speak at events facilitated by organisations such as Cafcass, women’s right groups and children’s rights groups, using an alias. Mr F’s application is refused.’ The court had to weigh the child’s right to privacy against the potential harm to the child of being known as the child in these child arrangement order proceedings, against the mother’s rights and reasonable request to inform others about her experience with the court system. The judge agreed to relax the terms of the transparency order because: ‘Ultimately, in my judgment, the greatest protection for C’s Article 8 rights is Ms M herself. She has always sought to exercise her parental responsibility in an entirely child-focused way, such that C is safeguarded and protected. Ms M is clear she will not endanger C’s own interests by risking identification. Given that clear commitment to protecting C’s anonymity, Ms M’s interests and those of C are more easily reconciled. In my judgment, Ms M can be trusted to carefully evaluate those events in which she can safely participate and those events where the risks are unmanageable. I do not consider Ms M would participate in any event where there was a risk her own anonymity or that of C would be compromised. With that safeguard in place to mitigate the risks to C, I am satisfied in balancing the competing Article 10 and Article 8 rights, the balance comes down in favour of publication. In short, Ms M can be trusted to exercise her parental responsibility to uphold and protect C’s rights and interests. In such circumstances, a blanket prohibition would be an unnecessary and disproportionate interference with Ms M’s Convention rights.’ Other family law solicitors can now use the court decision to request a transparency order in situations where a parent wishes to discuss the court proceedings while acting in the best interests of their child. Your court experience As family lawyers, we are acutely aware of the traumatic impact that court hearings and judgments can have. If you are believed, it’s understandable that you want to shout it from the rooftops because you want to highlight what you went through. Discussing your experience can give others the incentive to stand firm and say no to shared parenting or to refrain from contact if they don’t think it is in their child’s best interests. Equally, if a parent has tried to stop contact by making up false allegations, it is equally understandable why the other parent would want to tell their story to give other parents hope. Recounting their judicial experience can highlight the need for additional judicial resources to reduce court delays or provide extra training so that family court professionals understand the importance of questioning one parent’s account rather than accepting it at face value. Whatever your court experience, our family lawyers always advise caution when discussing child arrangement orders or other children's law proceedings. It is easy to type and post online and for your story to be picked up by the media, but you must ask yourself: Is this in the best interests of my child, and will I get in trouble because I haven't applied for a transparency order? Talk to our family law experts. Whether you are at the start of your journey to securing a child arrangement order or towards the end of it, our children law solicitors can help you navigate the complex family law rules to help you achieve the child arrangement order you seek and to ensure you understand and follow the rules on what you are allowed to report with or without a transparency order in place.   If you need help with child arrangement order proceedings, phone Evolve Family Law or complete our online enquiry form.

The long school summer holidays are fast approaching. Our Northwest family law solicitors offer some tips if you have been unable to agree on child contact over the school holidays. For summer holiday contact advice, phone Evolve Family Law or complete our online enquiry form. Dividing the days or weeks Whether it’s your first school summer holiday after your split or your tenth year, negotiating school holiday contact can be tricky. Parents often assume that if they sorted out last year’s holiday dates with ease then this year should be equally trouble-free. That’s often not the case because: Children’s needs change Your ex may want to take the children overseas for the first time or to a country that you don’t think is safe You may want to take your children on holiday with a new partner and your ex-partner objects You can't take as much time off work this year and your former partner won't step up and share child care or pay towards the cost of school holiday clubs Your child is refusing to stay with their other parent and your ex-partner thinks you have put them up to it Your former partner wants to take the children on a long-haul flight to see extended family and experience their heritage. However, the plans involve a five-week trip because of the distances involved Your ex wants to split the summer hols into days rather than weeks so you each spend a few days each week with the children and that doesn’t suit your work or holiday plans Our family lawyers can help you whatever the reasons for being unable to agree on school summer holiday contact this year. Ways to sort out summer holiday contact disputes There are several ways you can sort out disagreements over holiday contact: Legal advice and then discuss contact directly with the other parent Letter from a family solicitor to your ex-partner Family mediation Application for a holiday order Application for a child arrangement order A family lawyer can discuss the option that best suits your needs. Here are some pointers: Direct discussions can work after a consultation with a solicitor. The meeting will explain your rights and advise on whether the court would likely think your proposals reasonable and give information on the costs and timescales of your alternate options A letter from a children lawyer can sometimes quickly sort out what initially appeared to be an intractable dispute that could only be solved with a court application Family mediation is an excellent way to speak to your ex with a neutral mediator present to help you facilitate a compromise acceptable to both of you. Advice from family lawyers before the mediation can help you understand your rights and court options. That way you know when it is sensible to compromise A holiday order is necessary if you want to take your child abroad and your ex won't give their consent. Going on an overseas holiday without either written consent or a court order could mean you are stopped at the airport or accused of parental child abduction A child arrangement order is of benefit because if the order says your child lives with you then the law states you can take your child on holiday for up to 28 days without needing your ex-partner’s agreement or a holiday order [related_posts] School summer holiday contact tips Here are the top tips from Evolve Family Law for negotiating summer holiday contact arrangements for your children: 1. Plan the holiday contact as early as possible As soon as you get the school holiday schedule for the year you should start to plan holiday contact with your ex-partner. Planning needs to start early in many families as annual leave can be difficult to arrange because all working parents want time off during school holidays. It is especially complicated when you and/or your ex are part of a blended family and have the commitments of step-parents and the needs of half-siblings or stepchildren to consider. 2. Look at the wider picture If you want to take the children skiing at Easter or want to take them on a long-haul holiday next year it's best to look at the wider picture when negotiating summer holiday contact. If your ex is prepared to make Christmas contact concessions then maybe you should be flexible over the summer holiday plans. 3. Think about the children When you are negotiating with your former partner it can be easy to forget to ask your children what they want or to agree to a contact schedule that doesn’t suit your children. For example, no teen will want a 9 am handover and most children won't benefit from going on back-to-back holidays to Spain with each parent whilst spending the rest of the summer with nothing planned. 4. Be flexible It can be hard to be flexible if you have booked a foreign holiday or if time off work for child care cover must be booked months in advance. However, it is best to listen to requests for changes to the contact regime as next year you may need a bit of flexibility. 5. Consult a solicitor Too often parents don’t take their children away on a beach holiday to Spain because their ex won't agree or a parent ends up with a contact schedule that doesn’t meet their needs or the needs of their child. With advice from a family lawyer and a letter from them to your ex-partner, you may be able to sort out a summer holiday contact regime that works for you and your children. How Evolve Family Law can help Our team of family law experts have lots of experience in negotiating contact after parental separation and divorce. Our focus is to help you reach an agreement without the need to apply to the court for a holiday order or child arrangement order. For summer holiday contact advice, phone Evolve Family Law or complete our online enquiry form.

Although the Child Maintenance Service uses a mathematical formula to calculate child maintenance many parents prefer to negotiate child support and want to know how overnight stays affect child maintenance. In this article, our North West family law solicitors look at how overnight contact affects the amount of child support under the Child Maintenance Service rules. However, child maintenance solicitors who are negotiating child maintenance on behalf of parents don’t have to stick rigidly to the CMS rules as a parent may want to agree to child maintenance payments as part of an overall divorce financial settlement and parenting arrangement. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form. Equal day-to-day care of a child There is no child support liability under Child Maintenance Service rules if there is shared equal parenting. That’s the case even if one parent earns double or triple the amount of the other parent. If the parents are married the court can order spousal maintenance. The court can also award the lower-earning parent more equity in the family home to help them rehouse themselves. The parents can also negotiate and agree that child support will be paid despite the child’s care being shared. If parents are unmarried the court cannot order spousal maintenance. The court also cannot divide the equity in the family home in a way that it thinks is fair in an unmarried parent property dispute. Instead, the court must use property and trust laws when working out how the equity in an unmarried property dispute will be split or the judge can use Schedule 1 of the Children Act to provide a home while the children are dependent. When the court is asked to make a child arrangement order and one parent wants equal care and the other parent is opposed to shared parenting the court makes its decision based on its assessment of what contact arrangements are in the best interests of the child rather than purely on the impact of overnight contact on child support. The impact of overnight contact when care isn’t equally shared Under the Child Maintenance Service rules if a parent has overnight contact their child support liability is reduced as follows: Overnight contact    Reduction in the amount of child support  52 nights per year     1/7th 104 nights per year   2/7ths 156 nights per year   3/7ths 175 nights per year   50% The overnight contact rule throws up some odd consequences. A parent can look after their child all day but they don’t get a reduction in their child support payments unless the child stays overnight with them. The overnight contact is calculated by reference to a year rather than a week or month as a shorter period might give a misleading picture. Parents should keep a record of overnight contact if they are concerned that the annual amount of contact might tip over into the next level of reduction in child support. That way there is some evidence if there is a dispute. If you have more than one child and there are different overnight contact arrangements you need to record both arrangements. The annual overnight contact figure includes holiday contact. That applies whether the parent takes the child away on holiday or stays at home on a staycation. [related_posts] What does child maintenance cover? Child maintenance is meant to cover the cost of caring for a child. That isn’t just the child’s food and school uniform costs but also a share of the cost of housing (mortgage or rent), heating and all the associated household expenses, such as water rates or TV licence. The Child Maintenance Service doesn’t work out a fair division of the cost of caring for a child. Instead, it uses its mathematical formula. Parents paying child support and parents receiving child maintenance often perceive this formula as unfair and very arbitrary. For example, a mother looking after a child as the primary carer has the same monthly mortgage payment whether her ex-husband has overnight contact on 155 or 157 nights per year but his having two extra nights of overnight contact a year could make a big difference to the amount she receives in child support and to her ability to pay her bills. Likewise, a father who only gets to see his children on 103 nights per year as his ex-wife has moved hundreds of miles away still has to pay for a house that’s big enough to comfortably house the children when they come to stay with him. The father will still be liable to pay child support even if he is the lower earner and even though he didn’t agree to his ex-wife’s decision to move away with the children. Although child support is meant to cover all the things children need, child maintenance lawyers are frequently told that a parent objects to paying child maintenance because the money given as child support appears to be being spent on the receiving parent’s clothes and activities and not on the children. There is no requirement for the receiving parent to provide evidence that the child support payment is being spent solely on the child and their living costs. What things affect child maintenance? The amount payable in child maintenance isn’t just affected by the level of overnight contact. If the paying parent decides to make voluntary extra pension payments this reduces their gross income on which the child maintenance calculation is made. That policy seems to prioritise long-term retirement goals over the child support needs of children. Other criticisms of the child support system include the deductions allowed if a paying parent has other children living in their household. The rigid formula approach takes no account of the fact that the parent receiving child support can end up with a sudden reduction in child maintenance because of family decisions made by the paying parent. Negotiating child maintenance Most family lawyers see the child maintenance formula as a useful starting point. If parents want to negotiate child support so the figure is higher or lower, the child maintenance solicitors' focus should be on ensuring that the agreement reached is fair and workable. That involves reality testing your divorce financial settlement so you know that the full financial deal stacks up from the share in the equity in the family home to the split of pensions and of course spousal maintenance and child support. Your agreement then needs to be incorporated into a binding financial court order so you can enforce it if necessary. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.

It's beyond frustrating when you know your child wants to live with you or spend longer with you but no one is listening. Our North West family law solicitors are asked whether parents can secretly record their children and use the video clip as evidence in court. If you need help with sorting out custody or contact our experts can advise you on a child arrangement order application and represent you. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form. Should I record my child saying they want more contact? If you are separated and your ex-partner is adamant your child says they don’t want to spend more time with you it is tempting to prove your ex wrong. You may want to openly or covertly record your child’s views on their living arrangements. Here are five reasons why it’s not a good idea: Your ex-partner won't believe the recording Your former partner will say you manipulated your child Your child will be told you can't be trusted Your ex-partner may stop the contact you currently have Your ex will bring up the fact that you recorded your child if you make a child arrangement order application Can I secretly record my child and show the recording to the CAFCASS officer? Some parents are tempted to covertly record their children because the referral to CAFCASS seems slow. That’s because, according to CAFCASS statistics, between April 2023 and March 2024 the organisation received 39,661 children’s private law referrals. If you have applied for a child arrangement order and you are getting a bad vibe about what the CAFCASS Section 7 report may say then don’t make the situation worse by secretly recording your child saying that they want to live with you or spend more time with you. If you tell a CAFCASS officer that you have a recording they will want to disclose that to the court and the other parent. The recording may flag up safeguarding concerns. For example, was the child coerced into saying what they said or manipulated? The recording may also raise trust issues. Can you be trusted not to record what the other parent says to you or your meetings with the CAFCASS officer? Can I use a recording of my child as evidence in a child arrangement order application? Let's set the scene. The CAFCASS officer has filed a Section 7 report in your child arrangement order application. The CAFCASS officer says your son does not want extra contact with you. You don’t agree and have recorded your son saying they want to spend every minute of every weekend with you. It’s a cute video. When the CAFCASS officer gives evidence in court you plan to play her your covert recording. It reads like one of those TV court moments. What we can guarantee is: The judge will be unimpressed by your actions and The CAFCASS officer won't say in the witness box that the recommendations in their report are wrong Your actions may mean that you end up with less contact than the judge might otherwise have ordered. When can I use a covert recording of my child in a child arrangement order application? A covert recording can rarely be used in a child arrangement order, specific issue order, prohibited steps order or relocation order application. The reason why CAFCASS officers are asked to prepare a court report on your child’s wishes and feelings is so they can independently find out your child’s views on living arrangements and make recommendations. If you secretly record your child and ask to use the recording as evidence the judge will decide whether to allow you to do so. They make their decision based on previous case law and guidance issued by the Family Justice Council. If I can't use a recording, can I ask the judge to meet my child? It is rare for the judge to meet with a child because: It is thought that going to court is stressful for children The child doesn’t get to decide on the child arrangement order application The CAFCASS officer's job is to relay your child’s wishes to the court If the judge does decide to see an older child, the judge will normally meet them in a private room and not in the courtroom. Neither parent will be present at the meeting although the judge will relay the gist of what the young person said. [related_posts] If I can't use a recording of my child, how can I involve them in sorting out their living arrangements? Understandably parents and older children can get frustrated if they think they are not being listened to. Equally children of any age should not think that if they say what they want to do then that’s what will happen. Their preferred residence or contact plans may not be suitable for either parent or fit in around parental work schedules. There are lots of ways your child can get involved in working out the best post-separation living arrangements: Family discussions Family mediation Being made a party to the court proceedings Family discussions only work if you and your ex-partner can have a civil discussion. If not, it isn’t fair to involve your child in direct discussions. Family mediation can include an older child but the mediator must be qualified in this type of mediation. It can work well if you have a teen - although neither you nor your ex-partner may like what your child has to say. When child arrangement order proceedings are started, either parent can ask the judge to order that the child is joined as a party to the court application. It's rare for the court to agree to this request other than in complicated situations or where the court thinks that neither parent is saying what the child wants. Why should I not video-record what residence and contact arrangements my child wants? Covert video recordings may appear the simple solution when you and your ex can't agree on what your child wants but: Your child’s wishes are not the only factor in deciding living arrangements Court guidelines and caselaw are against it Recordings can be counter-productive You may be found to be manipulative and controlling Before you decide to record your child either openly or covertly speak to a children law solicitor so you understand the implications and what it could mean for you in your battle to get to see more of your son or daughter. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.

The Family Justice Council has issued new guidance for family courts in England and Wales on alienating behaviour and parental alienation. The new guidance follows an increase in accusations of alienating behaviour to counter allegations of domestic abuse in child arrangement order applications. Our North West family law solicitors can help if you are a separated or divorced parent and unable to agree on the parenting arrangements for your children. We can explain the court process and the non-court-based resolution options and advise you on the impact of allegations of domestic abuse and/or alienating behaviour on custody and contact arrangements. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form. The Family Justice Council guidance on alienating behaviour The 2024 Family Justice Council (FJC) guidance guides courts, family law professionals and parents on: The terminology to use where there are allegations of alienating behaviour The court process How the courts should consider allegations of domestic abuse and alienating behaviour The use of experts where allegations of alienating behaviour are made Listening to children and assessing their welfare needs Key points from the Family Justice Council guidance: There are three key points from the FJC guidance: Domestic abuse should not be equated with parental alienation A child’s reluctance to see a parent does not mean they have been subject to parental alienation without evidence and a court finding of alienating behaviour Findings of alienating behaviour will be rare New terminology from the Family Justice Council guidance on alienating behaviour The guidance suggests the use of the following terminology by courts and family law professionals: Attachment, affinity and alignment (AAA) – why children may not want to spend time with one parent or reject a parent. These reasons are not due to psychological manipulation by a parent or alienating behaviour but just a child’s emotional response to their experience of being parented Appropriate justified rejection (AJR) – where a child not wanting to spend time with one parent is considered an understandable response to the parent’s behaviour. The behaviour could be directed to the child or other parent. For example, if the child has witnessed domestic abuse towards one parent Alienating Behaviours (AB) – psychologically manipulative behaviours (whether intentional or not) by a parent towards a child that results in the child’s reluctance, resistance or refusal to spend time with the parent Protective Behaviours (PB) – behaviour by a parent to protect the child from exposure to abuse by the other parent, or from suffering harm or additional harm because of the other parent’s abuse. For example, if a parent has unresolved anger management or addiction issues that affect their parenting Reluctance, resistance or refusal (RRR) – behaviours by a child over contact and their relationship with a parent and the reasons for the reluctance, resistance or refusal to see one parent may be due to a variety of potential causes [related_posts] Making allegations of alienating behaviour in child arrangement order proceedings The new FJC guidance does not stop allegations of alienating behaviour being made by a parent unable to see their child or where they only have limited contact. However, the guidance does try to stop the practice of an allegation of alienating behaviour being made in child arrangement order applications where an accusation of domestic abuse has been made as an almost automatic counter to the initial allegation. If a parent has engaged in alienating behaviour the person alleging the alienating behaviour needs to show that: The child is reluctant, resisting or refusing to engage in a relationship with you The child’s reluctance, resistance or refusal is related to the other parent's actions. If the child doesn’t want to see you for different reasons, then this is either called ‘’appropriate justified rejection’’ (AJR) or down to ‘’alignment, affinity or attachment’’ (AAA) The other parent has engaged in behaviours that have directly or indirectly impacted on the child, leading to the child’s reluctance, resistance or refusal to engage in a relationship with you If you think your child has been encouraged to reject you and to refuse contact with you it is important to say this at the outset of your child arrangement order application. This means the court can: Consider which type of family court judge should decide your child arrangement order application The type of involvement and report needed from CAFCASS If there is a need for a separate finding of fact hearing and other case management issues The need for expert evidence The later you raise these allegations in the court process the harder you may find it to get the court to conclude that it is necessary and proportionate to fully investigate your concerns. Responding to allegations of alienating behaviour in child arrangement order applications If you are a parent accused of alienating behaviour it’s important to talk to a specialist family law solicitor who can explain the court process, your non-court resolution options and the best strategy to deal with the accusations of alienating behaviour. This strategy will depend on whether you are the parent of a stroppy teenager who doesn’t want to spend much time with either parent or a clingy two-year-old who likes their routine and home comforts or a football/ballet-mad eight-year-old who doesn’t want to miss out on matches or performances. Whatever your family circumstances or child’s age our children lawyers can help you if you are a separated or divorced parent unable to agree on the parenting arrangements for your children and in a dispute over the reasons why a child does not want to spend time with one parent. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.

When you are a separated parent you need to know how much you will be receiving or paying in child support. Otherwise, how do you know if you can afford your mortgage or rent payments or if you can book to take your child on holiday? Whether you think the child maintenance payments are too high or too low there is some benefit in knowing there is a fixed amount payable. However, our Northwest family law solicitors are asked about when child maintenance can be recalculated and varied. For expert family law advice call our team of specialist divorce lawyers or complete our online enquiry form. Can child maintenance be varied? Child maintenance can be varied. How and when you go about doing so depends on how the payments are made. The payments could be through: Voluntary payments – called a family based agreement Child Maintenance Service with the Service either just carrying out the assessment or assessing the figure and sorting out the payments Family court order Who can ask for child maintenance to be changed? The person paying the child support or the parent receiving it can ask for the level of child maintenance to be changed. For example, the parent paying child support is entitled to ask for child maintenance to be reviewed if: Parenting arrangements change. For example, if the child moves to live with them, the arrangements are changed to shared parenting or if there is an increase in overnight contact visits Income changes. For example, they lose their job, overtime payments or other sources of income Personal or financial circumstances change such as moving in with a partner who has children, having another child, separating from a partner and being assessed as liable to pay child support for other children, increasing pension contributions Sometimes the parent paying child maintenance thinks a review of child support is justified when under the child maintenance rules it isn’t. For example, if the parent who receives the child support: Starts a new relationship and their partner moves in so the parent is getting help with their bills Has a change of financial circumstances such as getting a promotion at work, a better paid job or inherits money Stops child contact without good reason but expects child support to still be paid Uses the child maintenance money in a way that the payer is unhappy about. For example, the parent looking after the children going off on annual holidays without the children or appears to spend the child support on their own clothes and hobbies rather than on the children [related_posts] Can a parent request a review of child support? A paying parent or a parent receiving child support can always ask for a review of child support where the child maintenance is being paid voluntarily. Child support will not normally go up by inflation unless that is how you agree to increases in child support. If you have been using the Child Maintenance Service formula to calculate the maintenance payable for your child it is usual to review the amount based on any changes to the paying parent’s gross income and any other relevant changes, such as the frequency of overnight contact. Will the Child Maintenance Service carry out a child support review? The Child Maintenance Service will carry out an annual review of an earlier child support assessment to see if the child maintenance figure should go up or down. A request can be made for an earlier review but the Child Maintenance Service will normally only undertake the review if there has been a change of 25% or more in the paying parent’s gross income or other limited situations. Will the court vary the amount of child support payable? The court can only make a child support order for a biological child in limited circumstances. If the child support is for a stepchild the Child Maintenance Service does not have jurisdiction and a court order can be made and varied. In most cases, where the court order is for child maintenance for a biological child, once the court order is over 12 months old you cannot apply back to the court to vary or enforce it. What happens if I need more financial support? If you need more child support than the child maintenance calculation provided by the Child Maintenance Service (or after you have carried out your own online calculation) then provided you were married or in a civil partnership with the child’s biological parent you can ask for spousal maintenance in addition to the child support. You won't be able to ask for spousal maintenance if: You were not married or in a civil partnership with the child’s other parent You agreed to a clean break financial court order as part of your divorce financial settlement You have remarried What happens if I can't afford child maintenance? If you can't afford to pay child support you can negotiate a reduction if you are paying voluntarily or you can ask the Child Maintenance Service to conduct a review based on a change in your circumstances. If your gross income has not changed but your outgoings have increased this will not change the amount payable by you in child maintenance other than in limited circumstances. For example, if your mortgage payments have gone up your child support payments stay the same unless there has been a change in your gross income. Legal advice and child support Asking for a review of the amount of child support can make the relationship between separated or divorced parents more difficult. However, the amount paid in child support must be kept under review as the figure will need to go up or down as income levels change. Our family law solicitors can help you negotiate child support as part of your divorce financial settlement or we can help you review the amount of child maintenance payable when financial or contact arrangements change. For friendly expert family law advice call our team of specialist divorce lawyers or complete our online enquiry form.