Children Act 1989
The Children Act 1989 is the foundation of UK family law regarding children. It establishes the fundamental principle that the welfare of the child is paramount in all decisions affecting them.
Child's Welfare First
All decisions must prioritize what's best for the child, not what's most convenient for parents.
No Delay Principle
Courts must avoid unnecessary delays that could harm the child's wellbeing.
No Order Principle
Courts should only make orders when doing so is better for the child than making no order.
The Welfare Checklist
When making decisions about children, courts (and mediators) consider:
- The child's physical, emotional, and educational needs
- The likely effect of any change in circumstances
- The child's age, sex, background, and characteristics
- Any harm the child has suffered or is at risk of suffering
- How capable each parent is of meeting the child's needs
- The range of powers available to the court
Parental Responsibility
Parental responsibility means having the legal rights, duties, powers, and responsibilities for a child. It's important to understand that parental responsibility is separate from living arrangements.
Who Has Parental Responsibility?
- Mothers: Always have parental responsibility from birth
- Fathers: Have parental responsibility if:
- Married to the mother when the child was born
- Named on the birth certificate (after 1 Dec 2003)
- Acquired it through a court order or agreement
- Step-parents: Can acquire parental responsibility through agreement or court order
- Guardians: Appointed by parents or the court
Key Point: Parental Responsibility Continues
Even after separation or divorce, both parents usually retain parental responsibility. This means both parents can make important decisions about the child's life, including education, medical treatment, and religious upbringing.
What Does Parental Responsibility Include?
- Choosing and providing education
- Agreeing to medical treatment
- Naming and registering the child
- Appointing a guardian
- Allowing confidential information to be disclosed
- Representing the child in legal proceedings
- Protecting and maintaining the child
Child Arrangements Orders
Child Arrangements Orders replaced Residence and Contact Orders in 2014. They regulate arrangements relating to:
Living Arrangements
Where the child will live and when (previously called "residence")
Contact Arrangements
When the child will spend time with each parent (previously called "contact")
Types of Living Arrangements
- Lives with: The child's main home (can be with one or both parents)
- Shared care: Child spends significant time with both parents
- Spends time with: Regular contact with the non-resident parent
Important: No Presumption
There's no automatic presumption that children should live with their mother or father. Each case is decided based on the child's best interests and the specific circumstances.
What Courts Consider
- The child's existing living arrangements
- Each parent's ability to provide for the child's needs
- The child's relationship with each parent
- The child's wishes (depending on age and maturity)
- The impact of any proposed changes
- Each parent's commitment to maintaining the child's relationship with the other parent
Financial Orders
Financial orders ensure children receive appropriate financial support from both parents, regardless of their relationship status.
Child Maintenance
Child maintenance is the regular payment made by the non-resident parent to help with the child's living costs.
Child Maintenance Service (CMS)
Government service that calculates and arranges child maintenance payments
Private Arrangements
Parents can agree maintenance privately without involving CMS
Court Orders
Courts can make maintenance orders in specific circumstances
How Much is Child Maintenance?
CMS calculations are based on:
- The paying parent's gross weekly income
- The number of children
- The number of nights the child stays with the paying parent
- Whether the paying parent supports other children
Standard Rates (2025)
- 1 child: 12% of gross weekly income
- 2 children: 16% of gross weekly income
- 3+ children: 19% of gross weekly income
These rates are reduced if the child stays overnight with the paying parent.
Additional Financial Support
- School fees: Private education costs
- Childcare: Nursery and after-school care
- Extracurricular activities: Sports, music lessons, etc.
- Special needs: Additional support for disabilities
- University costs: Higher education expenses
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