Financial Provision for Children

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Our team of family lawyers has a longstanding reputation in acting for or advising parents on financial claims on behalf of children. Our work is recognised by the leading legal directories and our head of team, Charlotte Bradley, has co-authored a leading book for practitioners on this subject.   

Under the provisions of Schedule 1 to the Children Act 1989, parents (married and unmarried) can make applications for financial provision for their dependent children, dealing with housing, capital and maintenance.  If you are separating and have children, you may be entitled to make claims on behalf of your children for maintenance, school fees, capital and housing.

Although the claims are very different to those of a husband or wife in divorce proceedings, the court’s main concern will always be the needs of the children and their carer, considered in light of the financial resources available. We can advise you about the interplay between court applications and the Child Maintenance Service.

We have considerable experience representing clients throughout the proceedings until a final decision has been made by the court, but we are equally comfortable assisting clients ‘behind the scenes’ whether they are seeking to reach an agreement directly with their former partner, or representing themselves in court.

Applications of this nature can be expensive and so we will give you clear cost estimates from the outset and for each stage of proceedings and we will consider all options for funding your case (including applications for interim funding from the other party) and keep you regularly updated.  Getting the strategy right from the outset can make a big difference to the chances of success. 

We will consider with you the alternatives to litigation (mediation, arbitration, collaborative law) which might suit your particular circumstances.  Above all we will arm you with legal and practical information to allow you to make an informed choice about the process you follow.

Our experience means we can give you realistic and accurate legal advice at the outset, always taking into account your objectives. 

Recent examples of work

  • Acting for an English mother in extensive Schedule 1 proceedings in the High Court against a non-resident Russian father following their long relationship and two children.  Achieving long term financial security for our client (in the form of capitalised maintenance) in a complicated situation involving offshore assets and trusts.  The matter involved collaboration with various teams in the firm including Private Client, Real Estate and Dispute Resolution in order to secure the financial settlement for the benefit of the children.
  • Acting for an 18 year old seeking financial provision from her father to cover the costs of university.
  • Acting for a high net worth father in relation to financial claims made by the mother of his two children. The father resided abroad but with the children and the mother residing in England, we negotiated (outside of Court) a reasonable sum for housing together with child maintenance.

WHAT IS SAID ABOUT US

"It's a team that has a great breadth of experience across the board and particularly in international cases."

Chambers UK, A Client's Guide to the UK Legal Profession

"I always think of them as having a Rolls-Royce service but they are particularly good when there's a European element to the case."

Chambers UK, A Client's Guide to the UK Legal Profession

"Very strong litigation practice, with some of the best up-and-coming stars of tomorrow"

Legal 500 UK

"A standout firm"

Legal 500 UK

"Professional yet sympathetic manner and the team always fights hard to defend your interests"

Chambers UK, A Client's Guide to the UK Legal Profession

 

If you require further information or advice from our team of specialist family lawyers, please contact a member of our team or call us on +44 (0)20 7814 1200.

"They made a very difficult time much easier to deal with. Their professionalism kept me sane and focused on the outcome I needed"

Client

"It's a team that has a great breadth of experience across the board and particularly in international cases"

Chambers UK, A Client's Guide to the UK Legal Profession

"All have been excellent and have shown great diligence and practicality, along with sensitivity during a very difficult time in my life"

Client

"Rolls-Royce service and particularly good when there's a European element to the case"

Chambers UK, A Client's Guide to the UK Legal Profession

"A standout firm"

Legal 500 UK

"Professional yet sympathetic manner and the team always fights hard to defend your interests"

Chambers UK, A Client's Guide to the UK Legal Profession

Services

Taking Children Abroad

Both parents (if they have parental responsibility) must consent to their child being taken out of the country (even if it is just for a holiday). Failure to obtain such a consent could be classed as child abduction. We have a longstanding reputation in acting for or advising parents who wish to take their child abroad to live and parents who want to prevent such a move.

Child Abduction

Our team of family lawyers act for parents whose children have been abducted and for parents who have removed their children without the necessary consent.

Child Support

Our team is highly experienced in helping you to secure the appropriate level of maintenance for your child. We have expertise in the full range of child maintenance options and we are recognised leaders in our field for financial claims on behalf of children.

Spending Time with Your Children

Our team recognises the emotional impact of a separation on you and your children. Our advice is tailored towards providing a solution that puts your children first, including advising on complex child contact issues in the UK and cases with an international element.

Thinking about the Children

We have considerable expertise in guiding our clients through the legal issues affecting their children and placing them at the centre of all decisions made following separation to minimise any potential distress for them.

Cohabitants and Unmarried Families

The impact of separation on the ownership of property and other assets is a complex area of law. Our family and property litigation lawyers are highly experienced in relation to property disputes between unmarried couples.

Financial Provision for Children Insights

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Chambers UK
WealthBriefing Awards
Legal 500 UK
Citywealth Leaderslist
Legal 500 UK

Let us take it from here.

+44 (0)20 7814 1200

enquiries@kingsleynapley.co.uk

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