When you are dealing with family law in the UK, eventually certain rights and Obligations in Family Law will rise to the surface. This is especially true in the case of children who are involved in a relationship conflict between two adults. In all cases, the courts will always make the welfare of the children as their top priority. This is why certain Obligations in Family Law involve who the children get to live with and how much in terms of support both parties are obligated to give in the support of children.
Of course, the main question here is how much and what type of Obligations in Family Law actually arise in case of a family law legal conflict. In this article, we will attempt to clarify some common myths and some actual facts involving Obligations in Family Law.
Myth: You need to keep your children sheltered even if you are no longer residing in the family home
This is a huge myth. The reality is that if you are actually separated from your spouse or former civil partner, then there is no actual obligation that arises for you to keep your children sheltered. Of course, you are not completely free from any legal obligations either. The truth is that you need to pay a certain amount for child maintenance depending on how much you earn. Furthermore, if your disposable income is high enough and your resident spouse is financially struggling, then you may also be obligated to pay for spousal maintenance. Naturally, this obligation is only present if you were actually married before.
What if me and my ex cannot agree on the arrangements for children?
One of the first ports of call during a divorce procedure in order to sort out who gets to live with the children, who resides in the family home, as well as what type of property and financial relations the spouses shall have after divorce would be mediation proceedings. During mediation, a neutral third party called a mediator oversees the discussion for arrangements between the spouses and helps them to come to a mutually agreeable arrangement.
With that said, what happens if you cannot agree on arrangements for children? When this happens, you can resort to the family court to set forth a Child Arrangements Order. This order contains legal pronouncements on who gets to live with the children and how much time in terms of visitation rights the other parent gets to spend with the child, if any.
Under the Children’s Act of 1989, the courts must take the welfare of the child into paramount consideration when setting forth a child arrangements order.
What is the usual presumption in a child arrangements order?
The courts generally presume that it is beneficial for the child to spend time with both parents despite divorce or separation. The only exception would be if it is not safe for the best interests of the child to spend time with one or both parents. The proceedings for child arrangements are generally best tackled with the help of a qualified solicitor as they can be quite tedious and lengthy.