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Advice on Children in a divorce


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  • Full Question -

    Can anyone help me with how to word the consent order re child maintenance?

    I want to pay 20% of my salary (CSA guidelines) until my eldest son leaves full-time education, and then 15% until my youngest son leaves full-time education.

    Does this wording 'have' to be in the consent order, or is it taken to be law, that I pay until they finish full-time education? Also, is full-time education taken as being school ie it doesn't include University?
    I am currently paying 22% of my salary. My wife won't agree to putting 20% in the consent order. Any ideas?

    Answer -

    The Petitioner (or Respondent if payer) do pay or cause to be paid periodical payments to the Respondent (or Petitioner if payee) for the benefit of ??? (d.o.b.) and ??? (d.o.b.) at the rate of 22% of the Petitioner's income net of tax and national insurance contributions from the date of this Order until the eldest child shall attain the age of 18 years or ceases full time education whichever shall be the later and thereafter at the rate of 15% of his income net of tax and national insurance contributions from the date of this Order until the youngest child shall attain the age of 18 years or ceases full time education whichever shall be the later, such payments shall made monthly in arrears"

    You will also need a recital undertaking to provide a copy of your P60or tax return in each financial year.

    The above will provide for maintenance to the end of university education. If it says "until they shall cease full time secondary education" then that would be until the end of a level education. If you do not want to pay whilst they are at university then you must ensure that you put full time secondary education in to the draft order. You can then of course make payments direct to the children once they are over 18 in any event to help support them directly whilst they are at university. if you would like our Solicitor to prepare your consent order for you please call 01793 211 211 and our team will be able to go through your options.

  • Full question-


    I separated from my ex-wife almost 4 years ago and finalised a divorced soon after. However, for the past 3 years have struggled through court and finally managed to get a Contact order for my Son (aged 4) for alternate weekends mid week contact and shared holidays, the order has been working well since it was finalised back in February.

    I have recently met someone and plan to get engaged. My Ex found out and has herself now been introduced to someone for marriage purposes except he has a 5 year contract in Dubai. She is now talking of moving and taking my Son abroad with her to settle with her future husband (No 3), What are my rights to maintain my substantial contact with my Son and keep him in this country, My son is in school and settled and has a very strong relationship with me and my family, I cannot bear or accept him being taken abroad. Please advise.


    She cannot take him to live abroad without a court order. If you believe that she will take him any way you need to apply to the court for what is known as a prohibited steps order to prevent the child being removed from the jurisdiction of the court. You will need to instruct a Solicitor for this I feel as there is quite a lot of case law dealing with this area.

  • Full question-

    My ex wife and I divorced in May after having separated last October. We have two sons of 5 and 6 who live with her at the marital home. I have been lodging with a friend since October, and although I am on the council list for housing my friend and I have agreed that she will rent her house to me when she takes up a new job next July.

    My only access to the boys has been weekend visits to see them at her parents' house for a couple of hours on an afternoon. She refuses to let them come to see me where I am living, stating that the 'situation is not suitable' to bring the boys to. She has brought them once for an hour and a half and promised them that they could come again. 

    Access arrangement were made amicably between us separate from the courts, the Statement of Arrangements for Children states 'The children see the Respondent on a weekly basis'. But the part which askes if they stay with the husband states 'no' and that this will not change. Which was the case at the time as I have nowhere for them to stay. I would appreciate advice on how to get access to my boys where I am living.


    The statement of arrangements is just relating to the arrangement at the time of filing. It is not a binding document and has no bearing on any separate application you can make.

    If your ex will not let you have decent contact to your children, then you have no choice but to apply to the court where your divorce took place for a contact order.

    We can help you with this with our well respected Children Act Pac , where we prepare and guide you through the application and the process.

  • Full question-

    My husband has agreed to pay for my daughter whilst at University. If she was to take a Gap Year (She is still taking A Levels) would this mean he could take it that her education is finished or would he still have to pay when she then went to Uni. She would like to take a Gap year but is worried that her dad won't then pay any maintenance for her.


    If he has agreed to pay for her university education then a gap year will not make any difference. He would just stop paying for the gap year and resume payment when she goes to university.

  • Full question-

    I am a French citizen, divorced a British person, our son is 7,I want to go back to France with my son. My ex-husband took a Prohibited Steps Order against me and of course is opposed to my return. Going to the High Court, have I got any chance to succeed ? If yes, how ?


    Of course it is possible if decent levels of contact can be arranged between your son and husband, each year and the court is satisfied that it would be in his best interests to be with you in France.

    The court will have to consider whether moving to France will be in his best interests and that will mean emotionally, physically, educationally and developmentally as well.