Dame Rachel de Souza reports a decline of the ‘traditional UK family’

The Wilkes Partnership

It was recently reported in the media that Dame Rachel de Souza (pictured), the children’s commissioner for England has found that almost a quarter of families are headed by a lone parent, compared with the EU average of one eighth.

One may ask, what orders can the Family Court make to ensure the needs of the child/children are met after his/her parents are separated? Jackie Lee, an Associate Family Solicitor at The Wilkes Partnership advises that each case is different and the Family Court considers all the circumstances of each case. If the parents are going through a divorce, the lone parent can apply for financial provision under the Matrimonial Causes Act 1973. The first consideration for the Court will be the welfare of the child of the family who has not attained the age of 18. If the parents are not married, the lone parent can apply for financial provision for the children under the Children Act 1989.

Here are some examples of the type of orders the child’s local Family Court can make in favour of the lone parent to help meet the needs of the child/children:-

• Lump Sum Order
• Property related Orders such as a Transfer of Tenancy, Transfer of property, Order of Sale, Trust of Land allowing the parent to occupy the property rent free to the exclusion of the other parent, whether this is the Family Home or an investment property
• Order the other parent to pay the mortgage and outgoings on a property
• Transfer of Cars
• Maintenance such as Spousal/Child Periodical Payments or Global Orders
• School fee orders

If you want to find out the merits of an application to the Family Court for financial provision, please contact Jackie Lee, Associate Family Solicitor and Mediator on jwlee@wilkes.co.uk.