CONSULTATION ON CHILD MAINTENANCE CHARGES CLOSES

The consultation period for the proposed introduction of charging parents for the use of the Child Maintenance Enforcement Commission (CMEC) closed last week.

The changes proposed in the initial report were to charge parents £100 for making an application with ongoing charges of up to 12% of the maintenance payments, if those payments are collected via CMEC. The government has stated that the proposals will encourage separating parents to come to a private arrangement and lift some of the burden from the state. This assertion seems to be misguided and has been met with resistance from parents, charities and many others.

The deficiencies of the CSA (now being replaced by CMEC) have been widely reported for many years. The CSA is well known for delays, inaccurate calculations and failure to enforce payments.

The vast majority of parents who have any chance of reaching an agreement regarding child maintenance will do so before turning to the CSA/CMEC. It is seen by most people as a last resort and this does not fit with the inference that people are simply relying on the state instead of bothering to make their own arrangements.

It is unlikely that the introduction of charges will persuade people to reach private agreements as most will have already tried and failed before going to CMEC in the first place.  In fact, those parents who will not pay are probably being given another layer of protection – if they know the other parent cannot afford the charges, they will be more confident that they will not be referred to CMEC and may continue to fail to make payments.

Private agreements are always better where they can be achieved but charging those who have failed to reach agreement is unlikely to produce the result the government claims.

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THE FAMILY JUSTICE REVIEW – INTERIM REPORT

The Family Justice Review has issued their interim report on the family justice system.  There are many proposed changes to the family justice system in this report and consultation will continue until the autumn.

Many of the proposed changes relate to the law regarding children.  Children are at the heart of the family justice system and the report reflects this.  At present, the system (although striving to promote the needs of children) does not always manage to ensure that children’s needs are met and their wishes and feelings heard. 

The report emphasises that disputes regarding children should be kept out of an adversarial court process where possible.  There is a suggestion that parents involved in such a dispute should try to negotiate a Parenting Agreement via mediation.  These Parenting Agreements should cover many issues such as education, health, finance and how long the child will spend with each parent.

There is a proposal that the current legal terms of Residence and Contact, used to label how a child’s care is arranged should be abolished.  Courts would retain the power to make Orders should the parents be unable to agree on the division of time (or any issue which should be covered by the Parenting Agreement) but these would be made not have the current labels.  The idea is that there will be no sense of one parent ‘winning’ by being awarded Residence.

Changes like this will require new primary legislation.  If such changes are to take place, they are likely to be many years away.

To find out more about the current law regarding children, please see our website or contact us.

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