Looking after Children when Relationships End: Arrangements and Maintenance in England

When a relationship breaks down, making sure children are supported and cared for should always come first. It’s a challenging time for everyone involved, but having clear arrangements in place can help provide stability for the child. Parents are often encouraged to work out parenting arrangements between themselves, whether that’s where the child will live, how much time they’ll spend with each parent, or how much they’ll stay in touch. However, this is not always easy. If parents struggle to agree on these types of arrangements, mediation can help, and as a last resort, the courts can step in. Under the Children Act 1989, a judge can issue a Child Arrangements Order, which sets out who the child will live with and when they’ll see the other parent. The courts generally do believe that a child will benefit from having both parents involved in their lives, unless there are serious concerns about the safety and welfare of the child.

Finances are another big part of co-parenting after separation. The parent who doesn’t live with the child full-time is usually expected to contribute financially. Many parents are able to agree on child maintenance payments informally, but if not, the Child Maintenance Service (CMS) can step in to calculate how much the other parent should be contributing and enforce these payments. How much is paid depends on factors like the paying parent’s income and how much time they spend with the child. Child maintenance is a legal responsibility, and unpaid amounts can be recovered through enforcement action if necessary. While separation is never easy, having the right arrangements in place—both in terms of parenting and finances—can make a huge difference in helping children feel secure and supported as they adjust to their new family situation.

If parents are married, they are protected by the Matrimonial Causes Act in relation to receiving a share of the matrimonial assets such as the family home or pensions regardless of whose name they are in. These assets can be used to support the children of the family in addition to their entitlement to child maintenance payments. Parents who are not married do not have this protection and if assets are not in joint names, financial support above and beyond what the CMS calculates can be difficult to obtain. There are proceedings that can be brought under Schedule 1 of the Children Act which gives the Court authority to transfer property, make capital awards and top up CMS maintenance in certain circumstances.  These cases are rare and are often reserved for matters where one party is particularly wealthy. 

Due to the unusual nature of the Proceedings, there are very few Solicitors who are able to advise accurately in Schedule 1 Proceedings. MJP law are specialists in this area and have even had a case set as a legal precedent to assist local Judges in deciding on fair outcomes when hearing Schedule 1 cases. If you were not married to your partner and feel that your child may be entitled to additional support, you can count on us to explain your options. 

Free Half-Hour Telephone Consultation

We offer a free, no-obligation, half-hour telephone consultation with our family law expert, Amanda Loe, for all new clients. Please contact us at 01202 842929 or family@mjplaw.co.uk to book an appointment.