In Part 1, we covered some of the most common questions about child law and what parents need to know. In this second part, we’re continuing with more essential FAQs to help you understand the basics. Whether you’re dealing with everyday parenting arrangements or just want to know your rights, these answers aim to make child law clearer and easier to navigate.
Can a child live with both parents?
Yes, a child/ren can live with both parents. Under a Court Order, this is called a “shared care arrangement” whereby the child/ren spend equal amounts of time with each parent.
In the event that a child/ren spends more time with one parent than the other, within a Court Order, the parent they spend most nights with tends to have a “live with order” and becomes the primary caregiver, with the other parent having a “spend time with order” to determine how the child spends time with this parent.
Can I prevent my ex-partner from taking the children abroad?
The parent who holds a “live with order” can take the child out of the country for a period of one month without needing the consent of the other party.
If a parent does not hold a live with order, they need the permission of the other party to take the child out of the country. If this is done without the other parent’s permission, this amounts to abduction of the child.
In the event one parent will not give their permission for a parent to take the child out of the country, the parent wishing to take the child would have to make a Specific Issues Order application to the Court to address this issue.
If one parent believes that the other parent is intending to take the child out of the country, they will need to make a Prohibited Steps Order application to the Court to address this concern.
Can I prevent my ex-partner from seeing the children?
The way to legally prevent an ex-partner from spending any time with the children is to obtain a Child Arrangements Order which specifies that the children live with one parent and does not specify that they spend any time with the other parent.
If one party withholds the children from the other party without such an order in place, the party being denied time with the children can bring a Child Arrangements Order application to the Court to determine how the child spends time with each parent.
The welfare of the child is the paramount consideration of the Court when considering child arrangements. A parent can submit that one parent should not have contact with the child if there is evidence of abuse, criminal activity, substance misuse, severe mental health issues which put the child at risk or any other factor that the Court view to jeopardise the wellbeing of the child involved.
Simply not agreeing with how one parent, for example, runs the routine at their house, or what the child foes whilst in their care (as long as it is safe) does not warrant a child not spending time with a parent.
Each case is unique, and so it is important to seek legal advice to understand your position.
Do grandparents have a right to spend time with the children?
Under UK law, grandparents do not have an automatic right to spend time with their grandchildren. If the parents of a child deny the grandparents time with the child, the grandparents would have to attempt to obtain this right by making an application under Section 8 of the Children Act 1989. They would initially have to apply for permission from the Court to make this application.
Each case is unique, and so it is important to seek legal advice to understand your position.
What happens if a parent doesn't stick to a child arrangement order?
If a parent is breaching a Child Arrangements Order, an application for enforcement can be made to the Court.
The Court must be satisfied beyond reasonable doubt that the party has failed to comply with the Order. If the other party has what the Court deem to be a reasonable excuse, the application may be unsuccessful. The party will have to prove this excuse.
What to do if I have concerns around parental alienation?
Parental alienation is the behaviour displayed by one parent to alienate the child from the other parent and negatively impact the child’s relationship with the other parent.
The first step in trying to address concerns of alienating behaviour would be to attend family mediation. If this is not appropriate or successful, then an application to the Family Courts would need to be made for a Child Arrangements Order if there is not already one in place, or to vary an existing order based on circumstances changing.
As previously mentioned, the Court’s main concern is the welfare of the children, and where allegations are proven, the Court will take whatever action is needed to protect the children concerned.
When is child maintenance payable until?
Child maintenance stops on the 31 August on or following a child’s 16th birthday if they leave education and training. If the child continues with approved education or training, it can continue until the child is 20 years old.
If you have any further questions regarding children matters, please don't hesitate to get in touch with our family law team.