He's got to keep a roof over our heads hasn't he?
Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return.
How soon can I file for a no fault divorce?
You can get divorced in England or Wales if all of the following are true:
- you’ve been married for over a year
- your relationship has permanently broken down
- your marriage is legally recognised in the UK (including same-sex marriage)
What am I entitled to in a no fault divorce?
The aim when sharing out matrimonial assets is to be fair. Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work. Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party.
Will I lose touch with my children?
Your aim should be that both parents still play an active part in the raising of the child/children. Usually parents sort this out amongst themselves, although if there are problems mediation can be a good way to resolve this. Going to Court should always be the last resort where children are involved.
Will we have to go to Court during our divorce?
No, getting a divorce should be an administrative excersise only and there are many options open to you that avoid going to Court.
What is a Child Protection conference?
It is a formal meeting held by social services and includes other relevant professionals to assess and manage concerns about the safety and welfare of a child.
Can the parent or guardian of the child attend a Child Protection Conference?
Usually the child’s parents or caregivers will be invited to the meeting. However, in cases where this may affect the child’s safety or prevent an open discussion, they may not be invited.
What happens at a Child Protection Conference?
The main purpose of the conference is to conduct a thorough assessment of the child's welfare and determine whether the child is at risk of significant harm. It also aims to develop a Child Protection Plan if necessary, outlining actions to safeguard the child's well-being.
What is a Child Protection Plan?
This is a plan developed during the Child Protection Conference which outlines actions by the parent/caregiver and other professionals to safeguard the child’s wellbeing.
What happens after the Child Protection Conference?
After the Child Protection Conference, a core group will be set up which will include the social worker, parent/caregiver and 1 or 2 other professionals. They will meet usually every 4-6 weeks to see whether the plan is being adhered to. The Child Protection Conference usually reconvenes around 6 months after the first one.
Can the parent or caregiver get legal support for a Child Protection Conference?
Legal Aid funding is not available for Child Protection Conference and a legal representative is not allowed to speak at the conference. They would be there to support the parent/caregiver if they want it.
Is Legal Aid funding available for a Child Protection Conference?
At this stage, Legal Aid funding is not available. “Legal Help” is provided by the Legal Aid Agency in some circumstances, subject to a means test. We are happy to have an initial discussion with you free of charge to discuss how we may able to help.