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Third party interests in financial proceedings

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20 November 2018
TV Edwards Blog
Blog Divorce and Family Finance Family

When assets are in dispute arising out of a divorce it is increasingly common for a third party to have an interest in those assets and to have to defend their interest by becoming involved in the court proceedings. The court will then usually need to determine the extent of the third party’s interest in a separate procedure before it can resolve the financial claims between the spouses.

The most common scenario is when a relative has an interest in a property that forms part of the matrimonial assets. For example parents who provided money to purchase the family home and they retain an interest in that property. If the couple later decide to divorce, the parents will want to ensure they do not lose the money they loaned the couple.

The following steps can be taken to limit these types of disputes and friends/relatives being embroiled in lengthy and expensive litigation:

1. Ensure that any interest of friends or relatives is accurately recorded in a legally binding document for example a declaration of trust or loan agreement.

2. Register a restriction at the Land Registry so that the party with an interest is notified before the asset is sold.  

3. Keep evidence of any financial contributions made, for example bank statements and correspondence.

The law now requires that if there is a dispute then it is important that a third party be formally joined to proceedings at the earliest opportunity so that the third party’s claim can be dealt with prior to court-assisted negotiations take place between the divorcing couple. This is to assist them by maximising the chance of early settlement thereby limiting the emotional and financial consequences of the dispute so far as possible for all concerned.

The widely recognised TV Edwards Family Finance team has expertise in divorce and the related financial remedies.

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Domestic Abuse – what the court needs to consider in child arrangement cases

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3 October 2018
TV Edwards Blog
Blog Children Law Court of Protection Domestic Violence Family

In 2016, the issue of domestic abuse and the Family Court came to the fore. Many recognised the Archers’ storylines as being of great assistance in bringing this issue to public notice. Domestic abuse was brought further under the spotlight with the All Party Parliamentary Group’s recommendations and with the publication of Women’s Aid’s ‘Nineteen Child Homicides’  report. The President of the Family Division acknowledged the need to review the Family Court’s approach to allegations of domestic abuse in cases where decisions are being made about where children are to live and who they are to spend time with.

The result is an updated practice direction – PD12J – – Child Arrangements and Contact Orders: Domestic Abuse and Harm – which came into effect on 02 October 2017. This is a ‘must read’ document for all family lawyers and those representing themselves in the Family Court, where the issue of domestic abuse has been raised.

Some of the headline changes are:

  • The much expanded definition of domestic abuse, replacing the outdated term ‘domestic violence’, thus recognising that abuse can take many forms and does not need to include actual physical violence.
  • No child arrangements order can be made by the court, even if the parents have agreed the terms, unless all parties are at court, the court has the Cafcass safeguarding checks, and the parties have spoken to the Cafcass  officer separately (unless the court is satisfied there is no risk of harm).
  • The court must check, at the earliest opportunity, and record on the face of any court order, if domestic abuse has been raised as an issue which is relevant to the decision making about the welfare of the child.
  • When a case involves disputed, or as yet undetermined, allegations of domestic abuse the court now has to be satisfied that is both in the best interests of the child, and  that the child or the other parent would not be exposed to an unmanageable risk of harm, before making an interim child arrangements order. For the first time, there is specific reference to the impact on the alleged victim of the making of an order, and the related impact on their ability to care for the child.
  • Fact finding can be an inquisitorial (i.e. investigative process) and the judge should ‘be prepared where necessary and appropriate to conduct the questioning of the witnesses on behalf of the parties, focusing on the key issues in the case’.
  • Consideration must be given, in cases where domestic abuse has been admitted or found to have occurred, whether the court would be assisted by expert evidence e.g.: a risk assessment.

The court ‘must’ consider whether the child in the case should be made a party to the proceedings and be separately represented – so this is a requirement, not an option. If the child is made a party, the court must also consider whether the case is being dealt with by the correct level of judge in the Family Court or High Court. The changes made to this practice direction mark a really important step forward in recognising the impact and risks surrounding domestic abuse and its treatment in the Family Court. 

However, alleged victims of abuse are still not protected as they should be by the family courts. This contrasts with the progress made by the criminal courts regarding vulnerable witnesses, and obtaining best evidence from them.  

The President of the Family Division said in his circular introducing PD12J  ‘we cannot await’ any proposed legislation restricting cross examination of alleged victims by alleged perpetrators  . It is important that judges and lawyers are trained to apply PD12J so the process is fair and vulnerable witnesses are protected. 

Mr Justice Hayden in Re A (a minor) (fact finding; unrepresented party) [2017] EWHC 1195 (Fam) says ‘It is a stain on the reputation of our Family Justice system that a Judge can still not prevent a victim being cross examined by an alleged perpetrator’ and Changes to the law are still needed to restrict the cross-examination of alleged victims by alleged Perpetrators. With the Government’s focus elsewhere, it is unfortunately a case of ‘watch this space’ 

If you would like advice about domestic abuse or cases involving children were there are allegations of domestic abuse please do contact our accredited specialists on 020 3440 8000 or by email at A_FamilyReferrals@tvedwards.com

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Getting Children Back from Abroad

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4 September 2018
TV Edwards Blog
Blog Children Law Family

There are some instances when parents may need to recover their children from abroad. Although this is quite a traumatic experience for any parent to go through, knowing what to do in these situations is key to finding a solution.

This article goes into detail about certain scenarios which may arise and how they can be dealt with effectively. Additionally, it will look at the legal implications and the options open to you as a parent if you find yourself in this situation.

Holidays and Parental Separation

The summer period is often the perfect time to take a break from everyday life and enjoy a holiday with the children. However, following the breakdown of a relationship or marriage, when children travel abroad with one parent, this can become an extremely stressful time for the parent who remains at home.

This may arise when the relationship ended on difficult terms, with disputes between the parents, or where the parent remaining in the UK did not agree to the holiday in the first place. If you are concerned about the risks of travelling abroad with children during the school break, you may find our related article on School Holidays and Taking Children Abroad helpful.

When the Parent Does Not Return

In most cases, the travelling parent and children return to England at the end of the trip. Unfortunately, there are situations where the travelling parent decides not to return and instead retains the children in the foreign country.

This may be because of existing ties with that country, or it may be a unilateral decision taken without the knowledge or consent of the parent left behind. Such a decision can be deemed wrongful in the eyes of the law.

Parents usually share parental responsibility for their children, meaning that important decisions, such as where the children live, should be made jointly.

At times like this, it can feel hopeless and tempting to wait and see if the parent will change their mind. However, it is important to act quickly and to seek specialist legal advice at the earliest opportunity.

At TV Edwards LLP, we have a dedicated Child Abduction law team who can provide expert advice and support during what is often a very traumatic time. In these circumstances, legal remedies are available and swift action is essential.

International Remedies

The legal remedies available will depend on the country in which the children have been wrongfully retained.

If the children are kept in a country with which the UK is a signatory to a relevant international treaty, such as The Hague Convention on the Civil Aspects of International Child Abduction 1980, or under European law, the left-behind parent can seek their swift return under those agreements. We can advise you on which countries these treaties apply to and how they can be used.

The Hague Convention on the Civil Aspects of International Child Abduction 1980

The Hague Convention is an international agreement between more than 100 countries, including all members of the European Union and many nations across the Americas, Asia, and Oceania. These are often called “Hague Convention countries.”

The purpose of the Convention is simple: to protect children from being taken across borders without the agreement of both parents.
It provides a legal process to help make sure that children who have been taken or kept abroad without consent are returned quickly to the country where they normally live. This allows important decisions about their future to be made in the right place, by the right court.

Remedies in the English Courts

Where no relevant treaty exists, there are still remedies available under English law. Urgent applications can be made to the High Court in England and Wales, which has wide-ranging powers under its Inherent Jurisdiction. This may include making the children Wards of Court and ordering the abducting parent to return them.

Once obtained, these Orders are often sufficient to secure the return of the children. In some circumstances, the assistance of the foreign court will also be required.

Enforcing and Safeguarding

In cases where the precise location of the abducting parent is unknown or where they refuse to comply with an order, further steps may need to be taken, but the court can continue to assist. Once the children are safely returned, the court can also make orders to safeguard against further abduction in the future and to determine appropriate care arrangements.

How TV Edwards Can Help You

These situations are understandably every parent’s worst nightmare, but it is vital not to panic and not to give up hope. Acting swiftly is often the key to securing a positive outcome.

At TV Edwards, we have a dedicated team of solicitors specialising in international children matters. We advise parents on preventing the abduction of children within England and Wales, across the UK, and internationally. We also act in seeking the return of abducted children and in supporting abandoned spouses.

If you have an international child law issue that you need assistance with, please do not hesitate to contact us on 0203 440 8000 or A_FamilyReferrals@tvedwards.com.

FAQs About Recovering Children from Abroad

What should I do if my child is not returned from a holiday abroad?

If your child is not returned from a holiday abroad, you should act quickly and seek specialist legal advice. Depending on the country, remedies may include the Hague Convention, European law, or urgent applications to the High Court in England and Wales.

Can the English courts help if no international treaty applies?

Yes, English courts can help even when the international treaty does not apply. The High Court can exercise its Inherent Jurisdiction, for example, by making the children Wards of Court and ordering the abducting parent to return them. Orders can also be enforced with the assistance of foreign courts if necessary.

What happens once the children are returned?

Once the children are returned, the Court can issue safeguarding measures to prevent further abduction and determine future care arrangements to ensure the children’s welfare.

What support can TV Edwards provide?

TV Edwards has a dedicated Child Abduction Solicitors team that advises on preventing child abduction, recovering abducted children, and supporting parents during these stressful situations, both in the UK and internationally.

Can I prevent future child abductions once my child is returned?

Yes, there are measures you can take to ensure your child is not abducted in the future. The Court can implement safeguarding measures, such as travel restrictions or supervised arrangements, to reduce the risk of future abductions.

At TV Edwards, our solicitors can advise on ongoing protective measures to ensure your child’s safety and well-being.

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Cross examination of victims of abuse in family cases

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18 August 2018
Alpa Ghelani
Senior Associate Solicitor
Blog Children Law Domestic Violence Family

In D (Appeal: Failure of Case Management) [2017] EWHC 1907 (Fam) (24 July 2017)the Court of Appeal recently considered the mother’s application for an appeal which raised issues about judicial case management and in particular the Court’s approach to the cross examination of an alleged victim by an alleged abuser.

Background

The main issue in the case was whether or not the father should have contact.  The proceedings began with cross applications by the parents in January 2013 when the child was aged 3.  The child and father had not seen each other since then and the mother opposed any contact alleging that she suffered very serious abuse at the father’s hands. There was a suspension of the proceedings and it was not until the father was acquitted by the criminal court of all charges arising from mother’s allegation that the family proceedings resumed.

The matter came before the family court when directions were given by a Deputy District Judge with specific reference to Practice Direction 12J CHILD ARRANGEMENTS AND CONTACT ORDERS: DOMESTIC VIOLENCE AND HARM, requiring the father, who had throughout been unrepresented, to write down any questions that he wished to put to the mother, so that they could be put to her by the court.  In August 2015, the matter was specifically allocated to another judge and her first task was to conduct a fact finding hearing, it being obvious that the allegations made by the mother would have a strong effect on the welfare decisions depending upon any findings. The case was listed for a fact finding hearing on no less than 8 occasions, and repeatedly adjourned in part due to delays with obtaining transcripts from the father’s criminal trial. In addition to that, the father was directed to set out his questions to the mother in writing.  However, he failed to comply with this direction on a number of occasions.

The fact finding process finally began in March 2017, when the mother gave evidence from behind a screen, as part of special measures. Much of the 5 day hearing hearing was taken up by the Mother giving evidence in response to questions by her barrister. During this time there was a huge amount of debate between the judge and mother’s counsel as to how father’s case was to be put to the mother.  During the course of the week, a Cafcass officer was asked to give evidence, but the court decided her  enquiries were inadequate, and the court appointed a Children’s Guardian to help represent the child’s best interests.  Before the hearing could re-start, the judge made three attempts to find other ways of testing the  mother’s evidence, including  exploring how  the father might be legally represented. The judge went so far as to  ask the child’s solicitor to cross examination the mother, on behalf of the father, which the child’s solicitor declined to do. Eventually, the father wrote to the court saying he was willing to forego cross examination of the mother altogether, if that allowed the case to move forward.  Despite this,  the judge decided that the father could directly cross examine the mother, as long as he did not ask any questions of a sexual nature. This decision led to the current appeal.

The Appeal

The mother appealed for the following reasons:

  1. The judge was wrong to allow any direct cross examination of the mother by the father.
  2. The judge was overly lenient to the father in the face of his non-compliance with court orders.
  3. The judge was wrong to put pressure on the child’s solicitor to cross examine the mother. 
  4. The judge should have given further reasons for her decision, when asked.
  5. The judge herself invited guidance from the High Court. 

The mother  also said that there had been a general failure of case management during the appeal hearing itself.

The father asked the court to dismiss the appeal, so that the  hearing, due the following week, could  go ahead.

On behalf of the child, it was stated that the Children’s Guardian’s role was not to conduct cross examination on behalf of anyone other than the child, and the High court should give clear directions as to how the case should be conducted in the future, if the matter remained with the same judge.

Mr Justice Peter Jackson allowed the appeal on all grounds.  He said that the history showed a “chronic failure of judicial case management” and that the “repeated inability of the Court to hold a fact finding hearing had led to prolonged and indefensible delay in making an important decision for this young child”. 

He went on to decide that;

  • The judge had been wrong not to appreciate her powers under practice direction 12J (which sets out what the Family Court should do in any case in which there are allegations of domestic violence or abuse).
  • The judge had assumed that the father had the right to cross examine the mother, even though the court had decided how the mother was to be crossed examined two years earlier. There was no proper basis for revisiting that plan, particularly as the father himself was not complaining about it. 
  • Having decided to revisit the issue of cross examination, the judge did not deal with it effectively, but instead continued to consider what to do, while the mother was giving evidence. That made the hearing unproductive and unfair to the mother, who was entitled to know how her evidence was to be treated before she entered the witness box. 
  • The decision was unprincipled, and wholly unworkable in expecting the court and the father to divide up questions, depending on whether they were sexual or not.
  • The reasons given by the judge for her decision were inadequate to justify her conclusions; and, when asked to do so, she should have addressed the substantial issues more fully. 
  • The judge’s attempt to delegate the questioning to the child’s solicitor was entirely inappropriate

The appeal was therefore allowed in full, with the case to be heard afresh, in front of a different judge.    

If you would like advice about domestic abuse or cases involving children were there are allegations of domestic abuse please do contact our accredited specialists on 020 3440 8000 or by email at A_FamilyReferrals@tvedwards.com

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Supreme Court: Sale of Family Home Delay

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28 July 2018
TV Edwards Blog
Blog Divorce and Family Finance Family

One of the main principles of the law regarding finances following a relationship breakdown is that any ongoing financial ties between the parties should be severed. This allows both people to move on with their lives and start afresh. Often, it will be difficult to achieve, for example if one parent will have primary responsibility for the children and cannot work full time, or where an immediate distribution of the money available will simply not lead to a fair result.

However, the Supreme Court in Birch v Birch recently had to grapple with the problem where a final decision had been reached to end those ties and one person later sought to change this. The wife had given an undertaking, which is a solemn promise to the court, to release the husband from his obligations under the joint mortgage and, more importantly, to sell the house if she had not managed to do so by a particular date. Exactly the same effect could have been achieved by an order of the court rather than a promise by the wife. As the date approached, the wife applied for permission to delay the sale by another seven years.

Deferred orders or agreements regarding the sale of property are common. This is particularly so when children are very settled in the family home or are perhaps reaching important milestones at school and need to remain in the local area. Often there will not be enough money to buy two new houses, at least in the short term. It may also not be possible to release a party, who may be renting another place to live, from the joint mortgage on a family home. The Supreme Court decision in Birch v Birch may therefore cause some concern for those considering such an agreement since the date envisaged for a sale may later be postponed further. The case also refers to the practical consequences of remaining on a mortgage whilst living elsewhere – not only does non-payment impact credit ratings, but an existing mortgage will generally mean a lower borrowing capacity to fund the purchase of a new home.

In Birch v Birch the lower courts dismissed the wife’s application, holding that the court had no power to vary an undertaking for the sale of property. The Supreme Court stated that, although an undertaking cannot be varied as such, the court can release the person from his or her promise and would perhaps only do so by accepting an alternative promise in its place. Where the undertaking could easily have been substituted by an order of the court for a sale of the house, the principles applicable to any changes to the final decision ought be the same. It was decided that the court does have the power to vary an order for sale and the wife should at least have been given an opportunity to argue her case.

Whilst focused on rather technical points, the Supreme Court decision clarifies the law as follows:

  • One off payments, a decision regarding each person’s shares in an asset or the transfer of one party’s share in an asset to the other are final decisions regarding capital assets that cannot later be varied.
  • However, if a sale (whether by an order of or a promise to the court) is included to give effect to the distribution of capital assets the terms of that sale can later be varied with the permission of the court.
  • When deciding whether the terms regarding the sale should be varied the court will look at all the circumstances of the case. The welfare of any children will be given first consideration, but this may be outweighed by other considerations. Important factors will be what (if anything) has changed since the date of the final decision and the harm that could be caused to either party by the court’s decision.

However, the Supreme Court emphasised the important difference between the court considering an application and deciding that the variation of an order for sale is appropriate. 

Birch v Birch demonstrates some of the difficult issues that can arise, even when parties believe everything has been concluded, but it does not change the ultimate aim of the court, which is to achieve a fair and reasonable outcome for the parties and their children. 

If you require advice about varying an existing order, or if you are currently negotiating financial arrangements following a relationship breakdown, our Family Finance team is here to help you. 

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Taking your children abroad – a guide for separated parents

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7 July 2018
TV Edwards Blog
Blog Children Law Family

The school holidays are almost upon us and many separated parents will already have made or be in the process of making plans for a trip abroad with their children.  It is important for children to enjoy their holidays and experience new opportunities. It is vital that parents who are separated communicate about arrangements for children, to avoid any unnecessary disputes.

It is important to know where you stand before any plans are made. Consent for a child to travel abroad should be obtained from the other parent or anyone else who has parental responsibility for the child (e.g. a grandparent with a child arrangements or special guardianship order). It is advisable that consent is obtained in written format so as to avoid any disputes at a later date. Written consent may also be required by the authorities at the airport of departure or on entering the other country. This can be a particular issue if the parent and child travelling together do not share the same surname.

If permission is refused, then you may have to apply to the court for permission for the child to travel abroad. An exception is if you have a Child Arrangements Order stating that the child lives with you. In this situation, the consent of the other parent is not needed if the child is going abroad for less than 28 days with the parent they live with. It is advisable to still inform the other parent that the child will be going abroad and to seek their consent to show that you are making important decisions about the child together.

If the matter comes before the court, the Judge will consider any objections raised to the child travelling abroad. This will include considering the reasons for the holiday and the proposed destination. The Judge will also consider any fear that the child may not be returned and evidence such as return tickets may have to be provided.  Ultimately, the Judge determines what is in the child’s best interests and whether the child will benefit from the holiday, which in most circumstances of course they will.

It should be noted that taking a child out of the country without the consent of the other parent is a criminal offence and can be punishable by way of a fine and/or imprisonment.

If you would like advice about taking your children abroad or you are concerned about your children being taken abroad without your consent, please do get in touch with our specialist international children team on 0203 440 8000 or A_FamilyReferrals@tvedwards.com. We have a team of experienced solicitors who are able to offer specialist legal advice. 

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Divorce Due to Religious Differences

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2 June 2018
TV Edwards Blog
Blog Divorce and Family Finance Family

Weighing up the importance of religious beliefs and legally ending a marriage

There are people who may want to separate but the legal ending of their marriage is in fact not in their best interests.  Therefore it is important for family lawyers to take into account the client’s specific circumstances when dealing with the breakdown of a relationship, specifically to consider whether it is divorce of judicial separation the parties are seeking.

A separation can be especially hard for a person who is religious. Religion is a large part of many people’s lives and beliefs can strongly influence daily activities and family relations. It is important that when a client knows their marriage has ended that advice can be given to ensure their decision has as manageable an impact on their beliefs and social environment as possible.

The judicial separation procedure is in fact similar to a divorce and can only be obtained by one party relies on one of the five facts set out by the court;

  1. Adultery
  2. Unreasonable behaviour
  3. Desertion
  4. Having lived apart for more than two years
  5. Having lived apart for more than  five years

Although the procedure starts the same it is important that a client is aware of the differences and impact of issuing a judicial separation petition.

The most important thing for a client to be aware of is the fact that the judicial separation decree does not allow for them to get remarried, it simply means they are not legally obliged to live together. It can also be used by parties not having been married for the requisite one year required for a divorce.

Once the decree is pronounced a spouse will lose rights which are afforded to married couples, including rights in relation to inheritance. For example, if a provision is made for one spouse in the others will, after the decree it will be as though the person due to receive a sum from the will has effectively been written out of the will.

It is also important to be aware that a separation can allow for the parties to finalise a division of their financial assets by way of consent or a court order. The only bar to this is that a pension sharing order cannot be obtained. This is possible only where there has been a legal end to the marriage through divorce.

As this is a procedure not used frequently it is important that people with strong religious beliefs know that even though their marriage has broken down, there is a way for them to move forward, without compromising their values.

At TV Edwards LLP, we have specialist solicitors with expertise in this area. If you need legal advice relating to such proceedings then please contact our specialist team on 0203 440 8000 or  by email: A_FamilyReferrals@tvedwards.com

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Three Strikes Out – Triple Talaq

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25 May 2018
TV Edwards Blog
Blog Divorce and Family Finance Family

The Supreme Court of India has recently been asked to consider the constitutional validity of a triple talaq – the oral divorce found in the practice of Islam. This raises the interesting question of how religion and the law interact and what happens when they conflict.

In Islam, it is permissible for a man (the option is not available to women) to divorce his wife by stating “I divorce you” three times. The wife should not be menstruating at the time and some Islamic scholars argue that there should be a period of time between each statement. However, once complete, the triple talaq brings the marriage to an end with no oversight by a court or any legal, or indeed any written, documents at all being required.

It has been reported that the Supreme Court of India has made some scathing comments regarding the triple talaq, including that this is the “worst and undesirable form” of the dissolution of a marriage. The court has been provided with evidence that a number of Muslim countries have abolished the practice of triple talaq including Morocco, Pakistan, Afghanistan and Saudi Arabia.

In England and Wales, the triple talaq is not recognised as a valid form of divorce. The only way to obtain a valid divorce is to send a divorce petition to the court. A judge will then consider whether the marriage has irretrievably broken down. This can be shown by proving one of five facts; adultery, unreasonable behaviour, desertion, separation for two years with consent or separation for five years. If satisfied, the court will then follow the necessary procedures to terminate the marriage and grant an order known as a decree absolute.

Whilst the law does not interfere unnecessarily with the practice of religion, there are important steps in a person’s life that it is thought important to regulate through specific legal procedures. A divorce creates an important change in status for both parties and so there should be a guarantee that this is fair and that it is documented. The court is not seeking to make couples stay together where a marriage has failed, but to ensure that such important decisions are not taken lightly. Court oversight also offers protection for the spouse who is in the weaker financial position as a decree of divorce will entitle him or her to make financial claims against his or her ex-spouse.

In the same way that the law in England and Wales regulates the termination of a marriage, it also regulates the entry into a marriage. This is an area where tensions have previously arisen when couples seek a divorce from the court and the protection that offers, only to find that their marriage was valid for religious purposes, but did not meet the requirements of a valid legal marriage. Again, it is the important change of status, and potentially the impact on any children of the family, that justifies the intervention of the law in religious practice.

Whilst controversy reigns in other countries about the validity of the triple talaq, it is long-established in this jurisdiction that an attempt to terminate a marriage in this way is not legally enforceable; if the couple concluded a valid legal marriage (either in England and Wales or one conducted abroad that is recognised by English law) they will remain married in the eyes of the law until the court grants decree absolute. 

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Child Maintenance: An Overview

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11 May 2018
Fateha Ahmed
Solicitor
Blog Children Law Divorce and Family Finance Family

Recently, a new National Audit Office report indicated some £3 billion in child maintenance arrears is considered ‘uncollectable’ which has led to this amount being written off, potentially depriving thousands of children of a better quality of life.

The Child Support Act 1991 deals with maintenance for most children where they and their parents reside in the UK. The current emphasis for child maintenance is now private maintenance agreements, with resort to the Child Maintenance Service only when these are unworkable. It is preferable for parents to come to an agreement themselves over child maintenance only involving the state where this is not possible.

Section 11 of the Child Support Act 1991 provides:

‘For the purposes of this Act, each parent of a qualifying child is responsible for maintaining him’

A child is defined as an unmarried person under the age of 16 or a person under 20 receiving full time education which is not advanced education. The child must be living apart from one or both of his parents most of the time to qualify.

The Child Maintenance Service, rather than the court, has almost exclusive jurisdiction to deal with child maintenance. This means that if a child maintenance application can be dealt with by the Child Maintenance Service then it must be pursued there.

The court can decide cases in which the child maintenance service has no jurisdiction. This means it deals with maintenance for step-children who are children of the family and for those biological children who are too old to be qualifying children. The court would also have jurisdiction where either of the parents or the child is not habitually resident in the UK.

In all other cases the Child Maintenance Service will take action if child maintenance is not paid. When the payment is missed following an assessment, the service will contact the paying parents to find out why they haven’t paid, arrange for them to pay what they owe and warn them about action that might be taken if they do not.

Unpaid child maintenance can be collected in three different ways:

  • Take money from a paying parent’s earnings or benefits
  • Take money from a bank or building society account
  • Take court action

The National Audit Office highlights the need for better enforcement powers if the alternative is writing off. Family based arrangements are often considered the best answer when a relationship ends. Such agreements can be made directly between parents using the Child Maintenance Service’s online calculator or in family mediation and are much more likely to work for those involved as parents feel they had more control of the financial decisions made.

The family finance team at TV Edwards LLP comprises specialist, accredited lawyers with many years of experience in helping parents and divorcees find bespoke solutions, including in relation to consent orders and other family agreements.

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