Whose parental responsibility / custody

The Children's Act 1989 defines parental responsibility as "all of the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property". Of prime importance are such matters as responsibility regarding choice and agreement of medical treatment and issues surrounding choice of schooling or religion. A mother has parental responsibility from birth of the child, the father ONLY has the same responsibility if he is married to the mother at the time of birth or is registered as the father on the birth certificate. However, if the child was born before 1st December 2003 it is still necessary for the unmarried father to sign a Parental Responsibility Agreement with the mother or obtain Parental Responsibility by way of an Order via the courts.

Parental responsibility is not relinquished as a result of a divorce; it is an ongoing responsibility for as long as the parties remain the legal parents.

In the event of a divorce, there are no 'automatic' orders made. A Statement of Arrangements for Children (under the age of 18) has to accompany the divorce petition. This document should set out such essential matters as where the child will live, arrangements regarding contact/access, which school they will attend and any health issues.

Residence / contact

Matters of residence and contact are usually mutually agreed between the divorcing parents. However, in the event that they cannot agree or one party considers the other to be in breach of their agreement, they have recourse through Section 8 Orders, which is the part of The Children's Act 1989 dealing primarily with residence and contact.

A residence order determines with whom the child should live and can be made in favour of any person(s). Any such court order does not affect the ongoing parental rresponsibility, it only determines where and with whom the child will live.

A contact order establishes the rights for the person named in the order to be allowed to visit the child or have the child to stay. Any move to revoke the terms of a contact order may be made by application to the courts.

There are exceptional circumstances that allow a child to make a section 8 application.

Court decisions

A court will make decisions on behalf of a child where it believes that this action will be in the best interests of the child. Although most court rulings are brought about as a result of an application by one or both parents, there is scope for other 'interested' parties to also resort to the courts if they are also acting in the best interests of the child. In summary, a court may be involved in:

• Residence orders
• Contact orders
• Responsibility for the child
• Financial support matters relating to the child

Resources

The issues surrounding welfare of children are often both complex and sensitive, so it is helpful to know which external bodies can offer help and support:

Organisations:	Child support agency
	Family tax credits
Online:	http://www.direct.gov.uk/Parents/FamilyIssuesAndTheLaw

Children and the family home

Schedule 1 of the Children Act 1989 sets out the provisions whereby a court can order financial provision for children. Such provision could amount to a lump sum payment, settlement of property for the benefit of the child or a transfer of property for the benefit of the child. Obviously this does not include periodical payments which the Child Support Agency deal with (see below). Parents, usually unmarried mothers, unmarried fathers with or without parental responsibility, guardians or people with a residence order can all apply for a variety of orders in relation to the children. The provisions of Schedule 1 are primarily designed to deal with the unmarried family and so if you are married you are probably better to rely upon financial provision for both yourself and the children by using the Matrimonial Causes Act 1973 within any divorce process.

Child Support Maintenance

Child support maintenance (CM) can be straightforward if the parties can come to a voluntary agreement prior to filing for divorce. However, if the divorce has become adversarial, the matter is likely to be a contentious one requiring an application to the Child Support Agency (see below).

If you are a parent with care of your child you are entitled to request CM from the other parent. Similarly, if you are another person (grandparent, guardian etc) you are entitled to request CM from either/both parents.

There are exceptions affecting the outcome of your request such as:

• You have care of your child and you get Income Support or Jobseeker's Allowance
• There are other maintenance arrangements for your child
• You or the other parent live outside the UK

There are circumstances under which a parent does not contribute CM:

• Aged 16 to 19 and in full-time ‘non-advanced’ education (up to A level, NVQ level 3 or equivalent)
• A 'mature' student in full-time education (enrolled onto a recognised course requiring a minimum 12 hours a week tuition)
• Serving a prison sentence
• Living in a residential care or nursing home and receiving aid toward fees

Complications may also arise if the parent lives outside the UK; this problem is lessened if they still work for a UK based company or are on active service with HM Armed Forces.

Child support calculator

There are several child support calculators that are accessible 'online'. The link below will take you to the calculator in use with the Child Support Agency.

https://secureonline.dwp.gov.uk/csa/v2/en/calculate-maintenance.asp

Child Support Agency (CSA)

The Child Support Agency is part of the Department for Work and Pensions. They are responsible for running the child support system. It is their role to assess, collect and pay child support maintenance, ensuring that parents who live apart meet their financial responsibilities to their children.

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