Home > FAMILY > DIVORCE AND CHILDREN

This fact sheet will give you some basic information about divorce and children. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• Do I have to go to court to sort out what happens to my children?
• Do both parents have to agree to go to court?
• Who is responsible for a child?
• What if one of the parents denies responsibility?
• What if we can't agree about where our children will live or about contact?
• What about financial support for children?
• Are there any other orders the court can make?
• Where can I get more information?

Do I have to go to court to sort out what happens to my children?

In the past, courts made orders about custody and access to children, even if you and your spouse agreed what should happen.

The courts still have to make sure children's needs are the priority, but since the Children Act 1989, they don't have to be involved in every case, only where there is a problem.

This could be a disagreement about where your child is going to live, or how and when they should see you or your spouse.

Do both parents have to agree to go to court?

No. These issues can be taken to court by either your or your spouse, or by another interested party, such as a grand-parent or a local authority.

Sometimes, the court might raise the issue itself, for example because of something said or done in other proceedings to do with your divorce.

Whatever the case, the court will always ask "what is in this child's best interests"�

Who is responsible for a child?

Parental responsibility is the term used to describe all the rights and duties that parents have towards their children.

Parental responsibility is the term used to describe all the rights and duties that parents have towards their children. For example, it gives parents the right to choose which school they go to and to agree medical treatment. You do not lose parental responsibility if you get divorced. You will carry on being your children's full legal parent, whether or not they live with you.

You should try and keep communicating with your spouse, as you will probably still need to make a lot of decisions about your children's welfare. If communication does break down, a solicitor might be able to help resolve any problems. If not, the courts can help.

What if one of the parents denies responsibility?

Mothers automatically have parental responsibility. The court can make a parental responsibility order for the father if the parents weren't married and the child was born before 1 December 2003 or, if it was after that date, the father wasn't named on the birth certificate.

What if we can�??t agree about where our children will live or about contact?

The court can make a residence order if you can't agree on this. Normally this will favour one parent, although sometimes there are shared joint residence orders.

A contact order can then clarify when the "non-resident" parent can have contact. This can include the hours of contact, the frequency, the location, detailed provision for "handovers", and also indirect contact, such as emails or letters.

What about financial support for children?

The court can make a number of financial orders. It can make an order for child maintenance, if one parent is not resident in the UK or if both parents agree on the financial provisions.

It can also make an order to "top up" maintenance if the non-resident parent's income is much higher than the maximum threshold set by the Child Support Agency.

If your child is already going to a fee-paying school or there are plans to send them to one, the court can also make an order for school fees.

Are there any other orders the court can make?

Under a "specific issue order", the court can also make decisions where you can't agree with the other parent. This could be, for example, on which school your children will go to, medical treatment or even a name change.

The court can also make a "prohibited steps order" to stop a parent from taking a particular course of action, such as taking the child abroad for a particular length of time or removing them from a school.

Where can I get more information?

You can get more information about court proceedings and children from The Court Service at courtservice.gov.uk or from the Children and Family Court Advisory and Support Services, known as CAFCASS, at cafcass.gov.uk.