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Children & Separation Matters

Children & Separation Matters

Legal Advice on Children and Separation Matters

Unfortunately sometimes following a relationship breakdown, disputes can arise regarding the children. If matters cannot be resolved through mediation or negotiation, then it may be possible to apply to the court for a Child Arrangement Order or other Orders to resolve the dispute.

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Child Disputes

Disputes regarding children from a relationship breakdown can relate to a number of matters, for example:

  • when and how much time the children should spend with the parent they don't live with
  • which parent the children should live with
  • changing a child’s name
  • which school a child should attend or what medical treatment they should receive
  • whether a child should be removed temporarily e.g. a holiday or permanently from the jurisdiction

Child Maintenance 

This can be a complex area of the law. The Child Maintenance Service (‘CMS’, previously the Child Support Agency or CSA) has a formula for maintenance in the UK based on the paying parent’s income. The formula can be difficult to apply. There is also a cap so that the maximum income of the paying parent which can be taken into account is £156,000 per year before tax.

If the paying parent's income exceeds the cap then it may be possible to apply through the courts for additional top up maintenance.

CMS is also limited to cases where the children and the paying parent live in the UK. If the CMS cannot make a calculation for maintenance then the court may make an order, depending on where the children are located.


Surrogacy

When the child is born English law assumes the surrogate mother to be the legal mother of the child and the intended parents gain parental rights by asking the court to make a Parental Order.

This order also ends the surrogate mother’s parental rights. A Parental Order can only be made after the child is born and once he or she is living with the intended parents. They must apply for the order within six months of the date of birth.


For specialist advice from an experienced team of family lawyers, please contact Sam Hickman on 0117 314 5435.

Extremely proficient solicitor that offers considered, articulate, honest advice. On a personal level, I was very impressed and came out feeling that we have a very good, very competent team working on our behalf.

  • Family Law client

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Meet the Team

Our experienced family law and divorce solicitors can advise you on all aspects of your relationship, a relationship breakdown or even a new relationship.

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Samantha Hickman - Partner at VWV
Partner

Divorce & Family Law
Financial Law & Asset Protection

Lucy Barr - Partner at VWV
Partner
Hannah Petherick
Senior Associate

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