Category: Maintenance of Children law
One of these myths-although probably the least important-is that maintenance for children is dealt with by the Child Support Agency. It is not. In 2008 following publicity of the catastrophic failures of the CSA, the name was changed to the Child Maintenance and Enforcement Commission. However most people still refer to the CSA and I shall do so in this article.
An application by a parent for a residence order which will require a child to move home will very often involve a difficult balancing act by the court. It can be a delicately weighed exercise for the judge who must make the decision and this will be particularly the case when both parents are able to offer a reasonable standard of care. A deciding question may often be the wishes of the Child if he or she is of sufficient age and maturity.
In order to adopt a child you must be over 21 years of age and the child must be under the age of 18. If it is to be a joint application to adopt you must be married or in a civil partnership. If you are unmarried only one person can be the adopter.
Special guardianship is a new legal option intended to provide permanence for children for whom adoption is not appropriate.
A special guardianship order (SGO) gives the special guardian parental responsibility for the child. Unlike adoption, under a SGO the parents remain the child's parents and retain parental responsibility, though their ability to exercise their parental responsibility is extremely limited.
All parents, married or not, have a legal obligation to financially support their children, usually until either the child’s 19th birthday or until completion of their full time education. The obligation is not effected by separation or divorce and applies equally to married and unmarried parents.
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