Problems with Shared Care Arrangements and Financial Support
Shared care arrangements for children can be made via mediation or through an appropriate Child Arrangement Order. Although ‘shared’ care suggests that the time a child spends with each parent has to be equal, this is not always the case. It is often not possible for equal time to be achieved because of practical reasons such as work.
The focus of any arrangements for a child should be based on the child’s routine and the amount of quality time they will get to spend with each parent. Any agreement made between parents either in Court or via mediation should be made in the best interests of the child/children. Following this, it is important that when agreeing to shared care arrangements, the parent who has less overnight contact is aware that both parents are expected to continue to pay towards their child’s/children’s costs after a separation. Often that means that one parent will pay the other. This can be agreed between the parents amicably or the Child Maintenance Service can be contacted to calculate the correct amount.
Shared Care Arrangements – Financial Factors
Although the Court maintains that issues over arrangements for where children should live and how time between parents is shared is not influenced by financial factors, this is untrue for parents. For example, sometimes the parent who has the child one or two nights per year more than the other is also the major breadwinner, yet the other parent may end up with a responsibility to pay child maintenance to the higher-earning parent. Parents should know that whatever agreement is reached, the other parent has the right to go to the Child Maintenance Service after 12 months, even if a Court order is made for maintenance.
What’s the best way to proceed?
Child Arrangement Order proceedings can become quite costly, especially if an agreement cannot be reached between the parents. It is always best to try and avoid Court proceedings because although a Judge can make an order at Court, if either parent does not comply with the order, matters can continue to be difficult. Parents must work together especially as a child grows older and circumstances change.
As an alternative, mediation is a more inexpensive way to find suitable solutions outside of the Court system and is suitable to resolve issues about children. This is why it is compulsory for anyone who wants to make an application to the Court for a Child Arrangement Order to attend Mediation Information and Assessment Meeting (MIAM) first. This, of course, comes with exceptions such as in cases of domestic violence where there is a risk of harm.
For more information regarding this blog, please contact me on 01283 561531 or at l.watson@timms-law.com
Leonnie Watson
January 2020