Child Custody & Residency Order

As long as a parent has parental responsibility, he or she should have an opportunity to be involved in the making of important decisions about their child’s life, such as when the child spends time with each parent and other important people in their lives. At Cordell & Cordell our mission is to protect these parental rights, establishing a playing field that is fair to all parties.

Negotiating Child Custody

When it comes to negotiating child custody, every situation is different and your family needs to make decisions that work best for everyone involved. Some decisions will be easy to make and some will be hard.

When parents separate, emotions can run very high and it can be difficult to know what to do for the best. Parents often feel torn between their own feelings and what is in the child’s best interests.

The law is designed to protect the welfare of children and not to favour one parent over another. As the courts in the UK have made clear, the children of separated parents are entitled to the love and society of both their parents.

Factors Determining Outcome of Custody

If you have ever been involved in a child custody case, or you are about to begin one, you most likely have heard the phrase “best interests of the child”. This is almost universally used to determine custody and visitation issues based on the Best Interests of the Child Standard.

Case law defines this standard differently, but in general, there are certain common-sense factors and themes that appear the majority of the time. The list of factors fall into four categories:

1. The historical picture examining each parent’s role in nurturing the child since birth;

2. The prospective picture considering the parents’ situations going into the future;

3. Status concerns referring to the personality or behavioural traits of each party; and

4. The preference of the child.

Types of Child Custody

Depending on the unique context and circumstances of your case, the judge might decide on one of the following custody forms:

1. Legal custody. Parents who have legal custody have the right to take legal decisions on behalf of their child(ren) on matters like schooling, religious upbringing and medical care.

2. Physical custody. Physical custody determines with whom a child or children live.

3. Sole custody. A parent who has sole custody has the exclusive legal and physical custody of a child or children. The other parent may have visitation rights.

4. Joint custody. If a couple separates on friendly terms, they might decide to opt for joint custody, sharing either the legal and/or the physical responsibility for their child(ren).

What Are Your Rights As A Father?

A mother automatically has parental responsibility for her child from birth, but the same can’t be said for men.

You have rights as the father of your child if:

  • You are married to the child’s mother
  • The child was born on or after 1 December 2003 and you are named on the birth certificate as the child’s father
  • The child’s birth certificate originally gave no father’s name but was later renewed to show yours
  • You have signed a Parental Responsibility Agreement
  • A Magistrate or Justice of the Peace at the Family Court has granted you parental responsibility or an Order of Residency

Financial Responsibilities

You have a financial obligation to provide for your child. If the relationship with the mother has broken down you are still required by law to contribute towards the child’s well-being and upbringing.

If you have parental responsibility for a child, you need to ensure that you can:

  • Provide a home for your child
  • Protect and maintain your child

You have a duty to support your child financially if you live in the UK and your child qualifies for support. Even if you don’t have contact with the child, you are still legally responsible for child support.

However, if you have equally divided the care of your child with your ex-partner then you may not be legally responsible for paying for child support.

Arranging Child Support Privately

You and your ex-partner can arrange child support yourselves. This is called a “family-based arrangement.” It is essentially a private way of arranging child support without involving other parties.

If you come to a mutual agreement with your ex-partner it is important that you acquire a written copy of the signed document. This ensures that both parties know where they stand and that you have evidence of attempting to organise payment if this is ever disputed.

If no agreement can be made, or if you prefer to use a formal service, child support can be handled through the Child Support Agency.

How to Apply for Child Support

You must talk to Child Maintenance Options before you can apply for the Child Maintenance Service (CMS).

You are normally given the option to pay child support directly to the parent who cares for the child. This is called Direct Pay.

Alternatively, you can opt to use the CMS Collect & Pay service, which means that you pay child support to the CMS. They will then pass the payment on to the parent with responsibility for the day-to-day care of the child.

It’s worth noting that there is a charge for this service.

Calculating Child Support

Both parents provide information to the Child Support Agency (CSA), which uses the data to determine whether any child support is owed. If it finds that money is due, the CSA will then calculate how much child support should be paid.

The CSA may also collect details from other sources and take these into consideration when making its decision. This can include the non-resident parent’s current employer or HM Revenue & Customs.

Child support is calculated by applying a specific rate to the non-resident parent’s income. The four rates are:

  • Basic rate – Income is £200 a week or more
  • Reduced rate – Income is more than £100 but less than £200 per week
  • Flat rate – Income is between £5 and £100 per week
  • Nil rate – Income is less than £5 per week

The figure is then updated to take the factors below into consideration:

  • How many children also reside with the NRP
  • If the NRP or their partner are currently claiming child benefit
  • How many children the NRP pays child maintenance for
  • How often the child sleeps at the NRP’s residence

What If You Don’t Pay Child Support?

Not paying child support is likely to have a knock-on effect on the welfare of your child.

If you fail to pay the child support arranged by the CMS, it may take steps to make you pay, for example:

  • Money could be deducted from your benefits, earnings or bank account
  • In England and Wales, bailiffs may be instructed to take away goods to the value of the amount owed so that they can be sold
  • You could be disqualified from driving