We understand the unique challenges and complexities surrounding children’s legal matters and are passionate about safeguarding children’s rights and well-being. We offer empathetic and expert legal support to ensure the long-term interests of your children remain at the centre of every decision you make.
make an enquiryWe offer comprehensive legal advice and representation in various areas of children’s law.
We are happy to meet face to face at one of our six offices, or remotely if more convenient and we can arrange meetings out of normal business hours if required.
We understand the unique challenges surrounding children’s legal matters. Whether you’re navigating divorce, or protection concerns, our experienced solicitors ensure your children’s rights and wellbeing remain central to every decision.
Our comprehensive children law services cover:
Child maintenance: Financial support arrangements through private agreements, Child Maintenance Service applications, or court orders for high-income cases.
Child arrangements and custody: Residence and contact arrangements, ensuring children maintain meaningful relationships with both parents where appropriate.
Parental responsibility: Advising on legal rights and responsibilities, including applications for parental responsibility orders.
International child abduction: Urgent assistance when children are wrongfully removed from the UK or retained abroad, including Hague Convention applications.
Child protection: Supporting families through child protection proceedings, ensuring children’s voices are heard and rights upheld.
Specific issue and prohibited steps orders: Court applications for decisions about schooling, medical treatment, religious upbringing, or preventing harmful actions.
Adoption: Guidance through the adoption process, including step-parent and international adoptions. Find out more about our adoption services.
Abduction: We can assist in cases where children have been wrongfully retained in other countries and/or abducted from the care of the parent with whom they live. It is vital that if you are concerned that your child may be abducted take legal advice as quickly as possible to put in place the appropriate safeguards. Learn more about our child abduction services.
Private law proceedings: Assistance with relocation applications, grandparent contact, and disputes between parents.
The issue of child maintenance is typically one of the foremost concerns during any divorce or separation process. But what is it exactly? What legal rights and responsibilities are involved? Who should pay it and how much should they pay? What happens if payments aren’t made? And what is the role of the Child Maintenance Service? This article aims to explain the basics of child maintenance
Firstly, all parents are required by law to contribute financially to the upkeep of their children, whether they are resident or non-resident with the child after separation or divorce. Generally, the parent who does not live with the children must pay an agreed, regular sum known as child maintenance. The amount can be agreed privately via a family arrangement or it will be calculated by the Child Maintenance Service. In some cases, a child maintenance schedule can be put in place through a court order.
Family-based arrangements can be reached independently between two parents without legal advice, mediation or court intervention. However, family arrangements for child maintenance are not legally binding or enforceable should the paying party default (not pay). They may be suitable in cases when parents are able to negotiate amicably and collaboratively. They are flexible and can be altered as and when situations change.
In certain cases family-based arrangements will not be suitable, especially if the paying parent is likely to default or disappear, so you should always discuss the ramifications of a family arrangement with your divorce lawyer.
When a family arrangement is not suitable or workable, or a non-resident parent has defaulted on the agreement, it will be necessary to use the Child Maintenance Service (CMS). This is the government body responsible for calculating and, when necessary, collecting the correct amount of child maintenance payable by parents who do not live with their children – it replaced the Child Support Agency in 2012.
It is not possible to make an application to the CMS without first discussing your situation with Child Maintenance Options, to see if you can achieve a family-based arrangement as an alternative. If a family-based arrangement is not suitable, Child Maintenance Options will explain how to apply to the CMS using the reference number they provide.
When you use the CMS service there will be various charges, although if you have experienced domestic violence these do not apply.
The CMS shares information with Her Majesty’s Revenue and Customs (HMRC) in order to find out the income of the “paying parent”, who will be contacted by the CMS as part of the process.
Payments are made to the “receiving parent”, either via “direct pay” (for situations in which both parents agree on how and when the money should be paid) or via “collect and pay” (for situations in which there may be some disagreement). It should be noted that in cases of “collect and pay” the paying parent must pay an additional 20 per cent of the calculated child maintenance.
If payments are not made on time or the paying parent refuses to pay, the CMS has powers to enforce payments.
The CMS calculates child maintenance based on the paying parent’s gross income, including pension payments and all other taxable income. This means that interest and dividends from assets, savings, property, as well as investment and rental income (known as unearned taxable income) are excluded from initial calculations; however, these can be taken into account on request.
The amount of child maintenance to be paid will depend on the level of income of the paying parent. Different rates will be applied as follows:
The calculation also takes into account whether the paying parent pays child maintenance for other children and/or has children living with them (including the children of a new partner).
Another factor influencing the calculation is when care of the child or children is shared. For example, if the children stay with the paying parent for one night or more per week.
In cases of the basic rate, for non-resident parents with gross income of up to £800 per week, the calculation is as follows:
For non-resident parents with an income of between £800 and £3,000 per week, the calculation is as follows:
If the paying parent earns more than £3,000 per week, the parties will need to apply to the CMS so a gross weekly income calculation can be made and then they will need to apply to the family court for a child maintenance “top-up” order.
Visit the Money Advice Service website for more information.
If you are engaged in court proceedings in relation to a financial settlement on divorce or dissolution of a civil partnership and you have agreed a child maintenance payment schedule, you can apply to the court to turn this arrangement into a financial order – the court then has the power to enforce the order in the event of non-payment.
After 12 months of such an order being in place, if you no longer wish to comply, you have the option of opting out of the agreement. However, you will still be legally obliged to pay towards the upkeep of your children and you will be required to make an application to the Child Maintenance Service.
Furthermore, resident parents may be able to seek orders under the Children Act 1989 if the parent lives abroad or any of the following criteria are met:
A parenting plan is a written agreement between separated or divorcing parents that sets out the practical arrangements for their children. It covers key decisions about where children will live, when they’ll spend time with each parent, and how day-to-day parenting responsibilities will be shared.
Unlike a court order, a parenting plan is a flexible, voluntary agreement that parents create together. It typically includes arrangements for holidays, education, healthcare decisions, and communication between parents. While not legally binding, a well-drafted parenting plan helps reduce conflict by providing clear guidelines that both parents can follow.
At Wellers, we help parents create comprehensive parenting plans that put children’s needs first whilst ensuring both parents maintain meaningful relationships with their children. These plans can be adapted as circumstances change, making them particularly valuable for managing co-parenting arrangements over time.
For many divorcing or separating couples, sorting out the arrangements for children is the issue which is likely to cause most anxiety, emotional out-lay and acrimony. However, going straight to court in order to seek a child arrangements order is not necessarily the best action.
A family lawyer can help you understand your rights when negotiating issues relating to children and a parenting plan is a really useful place to start in agreeing how you will move forward in your relationships.
A parenting plan can:
When parents draw up a parenting plan, it will undoubtedly be linked to their needs as parents – and sometimes to other relevant parties such as grandparents – however, any successful parenting plan should always put the child or children at its core and be focused on their best interests. As such it will typically concentrate on the following practical concerns:
A parenting plan which includes the above can be useful if the parents wish to seek a child arrangements order as it can help when completing a C100 application and this will demonstrate to The Court that the parents have thought reasonably about the best interests of the children.
As anyone who has ever experienced the breakdown of a marriage or long-term relationship can attest, it is easy to let stress and emotions cloud your thinking as you try to split your lives.
When preparing to make a parenting plan, you should take time to reflect on your priorities and those of the child or children. You are one of two parents – both of whom have equal rights under the law – so it is inevitable that you will not be able to have everything your own way. Focus on the things you care most about – for example, birthdays, Christmas and school holidays – and prioritise them in order of importance to you. This ensures that you only ever expend time and energy on the things that matter most, rather than finding yourself locked into a cycle of argument for argument’s sake about who has the children on Pancake Day.
It is undoubtedly in your interests to listen to the interests of your ex-partner. This may be difficult at times, but if you can listen impartially, you should hopefully both be able to process your former partner’s requests and understand how they could fit in with your own needs.
At the earliest stage of negotiating a parenting plan, you don’t have to make a commitment; simply take stock of what has been said and work out what it may mean for any future agreement.
Sometimes, amongst all the angst, hurt and recrimination of relationship breakdown, it can be easy to become bogged down in emotions. However, the reality is that child arrangements are practical matters that must be sorted out.
As such, you should be clear and specific when talking about dates, events and practical arrangements. It is very hard to achieve your aims unless they are clearly defined. As such specificity is everything: if you want your child to be with you over the summer holidays, be specific about the dates – this gives you a clear position to work from and a definitive point for both parties to work from.
It may sound like an overtly political move, but there is much to be said for conceding something in order to get something else back. By being prepared to make concessions on some of your former partner’s points and requests, you will hopefully see a similar response on the part of your ex-partner. After all, compromise is at the heart of any successful agreement, so if you are prepared to be flexible, then it could help smooth the process.
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Child maintenance is the money that a parent who does not have the ordinary day-to-day care must pay the parent with day-to-day care, to assist with food, clothing, etc.
Child maintenance is usually calculated using the Child Maintenance Service (or subsequent body) calculator.
The Child Maintenance Service online calculator can help you to agree on the amount of money to be paid. Therefore, a solicitor is not usually required.
However, we advise getting advice from a solicitor when there are issues regarding the payment of child maintenance.
You can apply online for child maintenance using the Child Maintenance Service website.
You can check to see if child maintenance payments are fair by using the Child Maintenance Service online calculator.
Child maintenance can be changed if your circumstances change. You can check the position using the Child Maintenance Service calculator.
If the other parent refuses or fails to pay child maintenance, the Child Maintenance Service can enforce payment on your behalf.
You must pay child maintenance regardless of whether you see your child or not. If your child stays overnight with you, this may change how much maintenance you must pay.
Child maintenance is paid until a child attains age 16 or 18 and is in full-time education.
A child maintenance arrears plan is an agreement to pay any arrears in child maintenance.
Child abduction is when a person takes a child from the parent/s with care without any agreement, authority or consent and fails to return the child.
A solicitor can assist greatly in a child abduction case, court orders can be made on a priority basis for the child to be returned, port alerts to prevent the child being removed from the country can be made, a stop being put on passports, to name but a few areas in which solicitors can help.
The Hague Convention on Child Abduction is an agreement between many countries which reinforces that a child of one of the member states to the Hague Convention must be returned to their home nation.
The court will fully support a parent if a child has been abducted by the other parent or any other person. The court will use its powers to have the child returned to the UK if the child has been taken abroad.
You can request a prohibited steps order from the court to prevent a child from leaving the country without your permission if required.
A parent with custody is able to take a child abroad for up to 28 days without permission.
If your child has been abducted, you will need to make emergency applications to the Court for their return.
Mediation can be used in child abduction matters, but it will depend on the urgency of the matter as to whether or not mediation is successful.
You should contact a child law solicitor when facing any legal issue affecting your children, including custody disputes, child maintenance concerns, relocation matters, or protection issues. Early legal advice from specialist children law solicitors can help protect your child’s interests and prevent problems escalating.
Children law solicitors can help negotiate custody arrangements, prepare child arrangement orders, represent you in court proceedings, and ensure decisions focus on your child’s best interests. Our experienced child solicitors work to achieve solutions that maintain meaningful relationships between children and both parents where appropriate.
While family lawyers handle all family matters, child law lawyers specialise specifically in legal issues affecting children. Our childrens law solicitors have particular expertise in child arrangements, maintenance, protection matters, and international child law, ensuring focused support for your child’s needs.
Yes, child solicitors can assist with education law matters including school admission appeals, exclusions, and special educational needs provisions. We help ensure your child receives appropriate educational support and their rights are upheld.
The cost of hiring a child law solicitor varies depending on your case complexity and whether matters proceed to court. At Wellers, our children law solicitors provide clear fee estimates upfront and discuss funding options including legal aid eligibility for qualifying cases.
Yes, our childrens law solicitors regularly assist grandparents seeking contact with grandchildren. While grandparents don’t have automatic rights, we can help apply for permission to make a child arrangements application and represent you throughout the process.
A parenting plan is a written agreement between separated parents outlining childcare arrangements. While you don’t legally need a solicitor, our child law lawyers can ensure your plan covers all important aspects and can be converted into a legally binding consent order if needed.
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London
020 7481 2422Bromley
020 8464 4242Sevenoaks
01732 457 575Surrey
01372 750 100New Forest
01590 633 199
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