Children and Family Law Matters
If your relationship breaks down, we will help with any issues which may arise in relation to your children, the most important part of your family.
Whilst every case is different, at Newtons Solicitors, we strive to ensure that your views are fully considered and your relationship with your children is preserved and protected. We can advise on the following areas:
- Residence (custody) and contact (access)
- Parental responsibility and decision making
- Child maintenance
Residence and Contact (Child Arrangement Orders)
Child Arrangements Orders were formally known as Residence and contact orders. These relate to where your child will live, when your child will spend time with each parent, when and what other types of contact will be available, for example, phone call and when they take place.
If a child is not returned to the parent they live with following a contact visit, a court can make an order for that child’s immediate return. Occasionally, a child is removed from the jurisdiction of the English courts either to another part of the UK or abroad. If the former has happened and a child arrangements order is in place, this will be enforced by the local court.
Our family law team is here to help. Please call us to find out how we can help. We can talk on the phone or arrange a meeting where we can discuss your options and give you a clear idea of timeframes and costs. Alternatively, please contact us online and we’ll call you back when it’s convenient for you.
With the introduction of the Child Maintenance Service (formerly The Child Support Agency) on the 5 April 1993 the Courts power to make child maintenance orders was removed in all but a limited number of circumstances. The Court retains jurisdiction therefore where:
- The parties agree a child maintenance order (a consent order)
- The order is for something specific for example educational expenses, costs incurred for a child with a disability or where the limit of the CMS assessment has been reached which are known as top up orders.
In all other cases a parent who has the care of a child and who cannot agree a maintenance payment with the non-resident parent can apply to the CMS for an assessment. The CMS will calculate how much the non resident parent should pay based on their gross income and if payment is not made the CMS has powers of enforcement.
At Newtons our dedicated and experienced Family Team will provide you with the advice you need to ensure that child maintenance is paid at the right amount and preferably without it becoming necessary for a CMS assessment be made.
Please call us to find out how we can help.
Please call us to find out how we can help. We have offices across Yorkshire and the North East, including; Knaresborough, Harrogate, York, Ripon, Darlington, Richmond, Stokesley, Northallerton, Thirsk, Beverley, Durham and Stockton. We can talk on the phone or arrange a meeting where we can discuss your options and give you a clear idea of timeframes and costs.
Alternatively, please contact us online and we’ll call you back when it’s convenient for you.