Children agreements

When a relationship breaks down parents will want to minimise the impact on their children. Couples often find discussing child arrangements difficult; however, the practical arrangements for their care and financial support are critical issues.

Couples are encouraged to reach an agreement without the need to involve a court. If you have children under the age of 18, you will need to make arrangements for them. This will include deciding where they will live, how often each parent will see them, and how they will be supported financially.

Many parents use the guidance of their family lawyer to prepare a parenting plan that sets out how the practical arrangements will work for them. A parenting plan can highlight issues in the hope that they can be discussed and agreed. It can cover concerns that are often overlooked such as how birthdays are spent, contact with extended family such as grandparents, and the arrangements for travel. If you find it difficult to discuss or agree, you can ask a third party to help such as a mediator. Applications to the court are a last resort if there are fundamental issues that cannot be resolved.

We can guide you these matters and have covered many of the frequently asked questions around this delicate area of divorce in our guide to child arrangement orders.

Financially supporting children

Parents are legally obliged to support any children under the age of 16 financially (and those under the age of 20 if in full time education or training). Support can either be provided in a financial consent order if an agreement has been reached between you; via a voluntary arrangement; or by applying to the Child Maintenance Service (CMS). In each case the level of support will be based upon the CMS formula.

A court can make additional top up orders for high earners, school fees and for any children over the age of 20 with special needs. These are discretionary and based upon the needs of the children rather than based on any formula.

Alternatively, you can agree a voluntary arrangement between you, detailing how you intend to support your children financially. This gives couples who are separating amicably more flexibility in how they divide up financial responsibility. However, we strongly recommend that any such agreement is recorded in writing.

In all cases, either parent can still apply to the Child Maintenance Service, the Government agency responsible for calculating child maintenance payments (and enforcing them). Even if a Court Order has been made, or a voluntary agreement entered into, the CMS cannot be excluded, and their subsequent assessment will take priority over any agreement or Order.

In certain cases, the court can make additional orders for children to enable them to be provided with a place to live and capital to meet their needs. This is usually where the paying parent could make these additional payments, and the outcome is discretionary. These are known as Children Act Schedule 1 1989 applications.

If you need support with child arrangements, our team can assist and guide you.