How Can Our Family Law Solicitors Help?
You know your children better than anyone else and as a parent you are best placed to make the important decisions for them, but there may be times you need more advice and support regarding children and divorce.
If you have children and you are getting divorced, separating or your cohabitation is breaking up we can advise you on a wide range of issues relating to children.
As far as possible, we can help you reach an amicable agreement which is always based upon what is in the children’s best interests. However, where necessary, we can apply to the courts to appropriate orders.
Our divorce and separation specialists in Chesterfield, Dronfield, Mansfield and Sheffield are here to guide you every step of the way.
Why choose Banner Jones Family Law Solicitors?
We have a wealth of experience in all aspects of family law
Whether you need help with divorce settlements, financial settlements, prenuptial agreements, issues related to your children or even domestic abuse, we can help. Your matter will be treated with the utmost sensitivity.
We’re here to support you
The world of Family Law is complex, and every case is unique. Everyone has their unique set of circumstances, and there could be many options you need to consider. At Banner Jones, we aim to make the process as straightforward and as hassle-free as possible.
Communication is key
When dealing with any legal matter, it is vital that you receive the best service possible. Our Family Law team offers excellent customer service, with 97% of clients saying they’d recommend us to a friend.
We're one of the top legal firms in the UK
For over five years in a row, Banner Jones Solicitors has been ranked as a ‘Leading Firm’ within the “UK Legal 500". With offices in Chesterfield, Sheffield, Dronfield and Mansfield, we've helped many clients with their family law matters.
We offer fixed fee where possible
There will be no hidden charges, everything is explained up front. For more information, call Banner Jones on confidence. We are here to help.
Am I able to stop my children from being taken to live abroad by my spouse who they now live with?
Your spouse is legally required to obtain your permission or a court order to take the children to live abroad. Your spouse is however allowed to take your children abroad for holidays of up to 28 days.
If you believe that your spouse plans on taking your children to live abroad regardless of your opinion you are able to apply for a prohibited steps order, this will stop your spouse from taking your children abroad at all. Your spouse is able however to apply to the court for an order allowing them to be relocated abroad if it is in their best interest.
Do we have to come to an agreement with what is happening to our children before the divorce can go through?
The court needs to be satisfied that arrangements have been made in the best interest of the child. This however does not been that a final agreement has to be made before you can get a divorce.
Do we have to of come to an agreement with what is happening to our children before the divorce can go through?
The court needs to be satisfied that arrangements have been made in the best interest of the child. This however does not been that a final agreement has to be made before you can get a divorce.
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. Our family law solicitors can advise on your specific circumstances.
How are we able to minimise the upset our divorce proceedings will cause to our children?
The more you are able to agree amongst yourselves the better. Ideally it would be better if you could agree for the arrangement of your children outside of the courts. This will avoid your children having to get involved with any court proceedings. Children who are asked to tell the court what they feel can sometimes feel like they are having to choose between parents.
You should try to avoid involving children in your arguments. No matter how badly you feel towards your ex-spouse. It may be in the child’s best interest for you to remain civil with your ex-spouse.
It may be helpful to contact a support group who are able to offer advice on how to protect your children’s emotional wellbeing. You can find a range of helpful information on the interest aimed both at parents and children.
How much maintenance am I required to provide for the children?
The welfare of children is a priority this includes providing them with a home. This applies to children under the age of 16 and children under the age of 18 who are still in full time education. The courts can request that you provide maintenance to older children who are still in full time education or who have special needs.
The Child Support Agency calculates the amount of maintenance that non-resident parents must pay by using a formula. This is usually 15% of the net income for a single child. This then increases to 20% for two children and 25% for three or more children.
This amount may be reduced if the non-resident parent has extra costs or other children to support. There are a number of other circumstances in which the CSA can vary the amount of maintenance a non-resident parent is required to pay. For example if the child was to spend time at the non-residents parents’ house.
In many cases either parent can apply to the CSA to assess the level of maintenance to be paid. This overrides any agreement set out between the parents.
Either parent is also eligible to apply to the courts for a top up in the level of maintenance this may be for example to help fund private education.
If I am not the children’s father am I still required to provide maintenance?
If you have been treating the child as if they were your own then the child is classed as a child of the family and you will have parental responsibility.
This would mean if you were to separate the child may continue to live with either parent and the other parents could be ordered to pay child maintenance. Your ex-spouse could ask the court to provide maintenance for your step children and to continue paying for what you were previously paying for before you divorced. The court would however take into account the ability of the child’s natural parents to provide financial support.
In a divorce do we have to get a court order to say what is happening to our children?
In many cases a divorcing couple will agree amongst themselves what will happen to the child and a court order is not required. However the court must be made aware what your plans are to consider whether they are in the best interest of the child. There are restriction on changing a child’s name and taking them out of the country.
What am I supposed to do if my ex-spouse refuses to let me see the children?
If you haven’t applied for a contact order you should apply to the court for one. If your ex still refuses to stop you seeing your children despite a contact order being granted you should go back to the court. The court will then take appropriate action as your ex is breaching the contact order. The court may fine or imprison your ex. The court is usually reluctant to do this as it would not be in the best interest of your child.
This may mean that enforcing your contact rights can be a drawn out stressful process. You may need to return to court on several occasions, ensure you keep notes to use as evidence of how your ex is stopping you from having the agreed contact with your child.
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. Our family law solicitors will advise you on Shared Care Agreements and Live With and Spend Time with Orders. Going to Court should always be the last resort when children are involved.