When a relationship breaks down, one of the toughest challenges is helping any children involved understand the situation.
Minimizing conflict between parents can greatly reduce the distress the separation may cause for the children. Sydney Mitchell’s Family team have vast experience in advising on child law matters and are well-equipped to advise and support you every step of the way.
Resolving contact arrangements without legal intervention
After separation, parents must decide which parent the children will live with daily or whether to share these responsibilities. Ideally, parents should agree on the level of contact between children and the non-resident parent. If an agreement can be reached, a formal order is unnecessary, but a parental agreement is advisable.
If you cannot agree on living arrangements
If you are unable to agree on the children’s living arrangements, we can facilitate negotiation between you and the other parent. If negotiations fail, a court application might be required.
We can support you by:
- Advising you on the potential success of your case
- Preparing all necessary documentation
- Representing you in court.
Additionally, we can advise on other out-of-court resolutions and have strong connections with professionals offering alternatives like mediation or arbitration.
Financial support for children
Parents are legally obliged to financially support their children until they reach complete full-time secondary education (or possibly later). The parent with whom the child does not predominately live is expected to pay child maintenance.
If maintenance is paid voluntarily, there’s no need for the involvement of the Child Maintenance Service (CMS). If an agreement cannot be reached, a CMS referral can be made.
We can provide an accurate estimate of the maintenance the CMS might order if a referral occurs.
Additional financial support may also be available in connection with school fees, the cost for a child with a disability or if your former partner is a high earner and in respect of provision of a property.