Divorce and your Children

When children are involved divorce can become a complicated undertaking. If you separate from your spouse where your children will live and what access arrangements the other parent will have must be decided. The court would rather these matters are agreed by the parents who are divorcing, but when an agreement can't be reached the court will make a ruling (called a court order) that will set out who the children will live with, and what access the other parent will have.

The court that handles your divorce will not grant your final decree until it is satisfied that the dependent children's well being has been taken care of. A dependent child is defined in law as anyone under 16 years of age, or under 19 years of age if in full-time education. Step-children and adopted children also come under this definition, but not foster children.

Children and the Courts

When you send in your petition for divorce to the County Court, the court will look at your paperwork and see if you have agreed where your children will live (residence) and how contact with them by your spouse (contact) has been arranged.

If you and your spouse can't agree on how residence and contact will be arranged you can apply to the court for a court order under Section 8 of the Children Act 1989. Before you do, it's a good idea to use a mediation service to see if with their help an agreement can be reached. This is always preferable to a court order. If a court order is needed a solicitor can help you apply for this.

The Children and Family Court Advisory and Support Service (CAFCASS) will usually help the court make its decision about your children. Their officers are independent and highly trained in social work. Their role is to mediate between you and the court so an amicable arrangement can be arrived at. You can read more about CAFCASS on their website: www.cafcass.gov.uk.

Supporting Children after a Divorce

One of the most important issues that the court will consider is how your children will be financially supported after your divorce is complete. The Child Support Agency (CSA) will be replaced by a new agency, but this isn't likely until the end of 2008.

Maintenance payments for your children after your divorce will depend on a number of factors. If you are claiming Job Seeker's Allowance or Income Support, you must use the CSA. If you are not claiming these benefits then maintenance arrangements must be made directly with your partner. You can also ask the court to make a court order about maintenance payments. You can work out how much child maintenance you may get by using the online calculator on the CSA website: https://secureonline.dwp.gov.uk/csa/v2/en/calculate-maintenance.asp.

You won't get child maintenance if your partner is:

• In prison
• Is a full-time student and on a recognised course
• Is aged 16 to 19 years old and is in non-advanced full-time education (A Level or NVQ level 3)
• Living in a residential care home
• Is living overseas (unless they work for an employer based in the UK or are a member of the UK's armed forces)

Children Leaving the Country

If you are involved in a divorce that could result in your children being taken out of the country you can take a number of steps that include:

• Tell your solicitor about your fears as soon as possible. They can ask for a court order that prevents the children from being taken out of the country
• Keep your children's passports in a safe place, and inform their schools of your concerns
• Inform the police. They can issue an alert at all UK ports