By Peter Jones, founder

A new report has prompted fresh concerns about the systems that are supposed to ensure children receive maintenance payments they are entitled to.

Family law charity, Gingerbread has claimed that loopholes in the Child Maintenance Service (CMS) allow non-UK residents to pay only part of their liabilities.

According to the charity which is urging the government to devise a new strategy to prevent payment avoidance, parents claim the CMS regularly ignores their concerns

While Gingerbread has recommended improved coordination between CMS and HM Revenue and Customs among measures the government should take, more robust and urgent action is needed for children to receive this much needed support.

Leaving decisions about who should pay what in the hands of organisations like CMS and its predecessor, the Child Support Agency (CSA) is a recipe for disaster – as the last 24 years have highlighted.

Only three months ago the National Audit Office revealed that the CMS had built up £93m of unpaid child support since it was established, in 2012.

This news was further compounded by the fact that the CSA had failed to collect nearly £3bn following its inception in 1993.

According to the Department for Work and Pensions 1.2 million people are owed money – with little of it ever likely to be paid.

The current system claims to encourage parents to come up with their own family-based arrangement. The stark reality, however, is that this system is unsympathetic and formulaic in its assessments and ineffective in its enforcement.

I believe that it is in the interests of both children and their parents for the courts to rule on maintenance payments as part of the separation agreement. The court’s ruling then needs to be supported by an enforcement system that is economical to run and financially accessible for parents.

After all, when the wellbeing of vulnerable children is at stake, we cannot afford – either financially or emotionally – to keep getting it so badly wrong.

For more information about any aspect of children’s law or family law call the team at Jones Myers on 0113 246 0055 or tweet us on @helpwithdivorce

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For ex-spouses who are divorced or separated, planning a timetable to ensure their children’s break is memorable for all the right reasons can be even more challenging.

We have compiled six tips to keep stress to a minimum for you and your ex when the temperatures soar.

1. Plan ahead: work together when booking annual leave so that you can cover as much of the school holiday dates between you as possible – and each have quality time with children. Also, agree the costs of any childcare you might need to arrange.
2. Don’t argue: if you are struggling to come to an agreement, don’t involve your children – they don’t need to know that there are problems between you and your ex.
3. Seek help: see if grandparents or aunts and uncles can help to look after children. Contact with extended family is good for them, so work in partnership to achieve this.
4. Talk to your children: they need certainty and security so let them know as far in advance as possible how the summer will be spent. This will give them a chance to adjust to anything unexpected and hopefully present a scenario they can look forward to.
5. Be reasonable: don’t use child contact as a bargaining chip as this will endanger co-operation and could reduce the amount of practical help you have.
6. Treat yourself: while you will miss your children, make the most of any time you are apart; give yourself a treat or do something you couldn’t if they were there – and be sure not to neglect your health and wellbeing.

As a champion of non-confrontational family law, Jones Myers always encourages parents to co-operate and communicate on all arrangements for their children whose interests should always be put first. Doing so can be key to collaborative and harmonious relationships in the formative years ahead.

For more information about children’s issues or any aspect of family law call our team of experts at Jones Myers on 0113 246 0055 or tweet us on @helpwithdivorce

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By Peter Jones, founder

There is no shortage of studies on the effects of divorce, which is hardly surprising since family break ups affect so many people in so many ways.

However some ‘research’ published flies in the face of all previous commentaries – not to mention to our breadth and depth of experience in family law.

One such is a recent study that examined divorcing couples in 13 countries found that children are less likely to go into higher education than those where a split is acrimonious.

Nobody ever embarked on divorce because it was easy – the process is very often emotionally, financially and legally challenging.

And because of this I find the argument at the heart of this research – that the avoidance of clashes where parties separate on an amicable basis is somehow detrimental to children – to be highly suspect. The flip side is also somewhat dubious: that there is an assumed sense of relief that children of parents in highly volatile relationships feel when they part.

We know only too well that all separations have the potential to be hard for children, which is why we always urge our clients to put their interests first.

Parents who are not consumed by conflict and battles are more likely to place children at the centre of their concerns and strive towards ensuring that they are properly supported, including in their education.

The best environment to raise children is when both parents play a key role in their development – whether or not they are still living together.

Our dedicated Children Department is made up of some of the most experienced professionals balancing the needs of children and their parents in wide-ranging issues.

As collaborative family lawyers, we advise parents to reach a settlement, wherever possible, by avoiding protracted, expensive and stressful court confrontations. This will help the whole family come to terms with their new lives and face the future.

Ensuring children’s happiness and wellbeing is critical for separated parents – as is supporting their choices relating to higher education and careers.

For more information about children’s issues or any aspect of divorce or family law call our team of experts at Jones Myers on 0113 246 0055 or tweet us on @helpwithdivorce

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Whatever the rights or wrongs of the high profile ‘outing’ of clients of Ashley Madison by The Impact Team hacking group, it is clear that the consequences are far-reaching.

Already, two suicides have been linked to the breach, which saw the details of an incredible 33 million – which reportedly includes 1.2 million in the UK alone – made public. Meanwhile, a number of spin-off crimes have been reported, including alleged blackmail.    

And while there have been fierce arguments over morality, privacy, what is ‘in the public interest’ – as opposed to ‘of interest to the public’ – there seems to have been little discussion about the effects of the revelations on the innocent parties – the partners and children of straying subscribers.

Every break-up of an established relationship is a tragedy of varying degrees, but when children are involved, the effects are further reaching.

The hackers may consider that they were working to a higher purpose that trumped the law – unveiling mass hypocrisy, lies and deceit – and spouses had a right to know about their partners’ affairs. While some will sympathise with this ‘moral standpoint’, the priority, as always, must be on any youngsters whose previously stable home lives will be seismically affected by the revelations – in many cases, blown apart entirely.

Children involved in separation and divorce should always be the top priority and parents must always put their interests first – no matter what feelings of hurt or bitterness exist.

Every responsible family lawyer consistently advises warring couples to make their first concern the wellbeing of their children and to minimise distress for them.

It is advisable that, wherever possible, both parents sit down with their offspring to explain why they are breaking up – and how the separation will never change the depth of love they have for their children.

These vital sessions will also clarify what the split looks like, along with the practicalities involved, such as who will be leaving home, the children’s schooling and when they will see their mum and dad. Most importantly, the meeting will emphasise that the break up is absolutely nothing to do with the children – something which is absolutely critical for children to understand in advance of what lies ahead.

Sadly the millions of children, youngsters and teenagers who are victims of the Ashley Madison hacking devastation will be denied the opportunity of such a meeting to help cushion the blow at one of the most traumatic and turbulent periods in their young lives.

If you have any comments, queries or concerns on divorce related issues, leave a comment below, call the team at Jones Myers on 0113 245 0055 or tweet us on @helpwithdivorce

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