Child maintenance provisions via the court
Child maintenance provisions via the court

The following Family practice note provides comprehensive and up to date legal information covering:

  • Child maintenance provisions via the court
  • Jurisdiction
  • Existing orders
  • Consent orders
  • Global or ‘Segal’ orders
  • Maintenance agreements
  • Orders under MCA 1973 or CPA 2004
  • Applications under DPMCA 1978
  • Claims under ChA 1989, Sch 1
  • Claims under I(PFD)A 1975

Child maintenance provisions via the court

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affects normal practice, including requirements for the majority of family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). This Practice Note sets out the procedure prior to the pandemic and during this period of disruption to the justice system, practitioners should be aware that local practice may vary.

While the courts do not have the power to make, vary or revive child maintenance orders where the Child Maintenance Service (CMS) has jurisdiction, they do retain jurisdiction to make such orders under a variety of legislative provisions in specific circumstances, including to reflect an agreed order. Some provisions are limited to applications in relation to children where the parents married or entered into a civil partnership (ie, under the Matrimonial Causes Act 1973 (MCA 1973) or the Civil Partnership Act 2004 (CPA 2004)). Other remedies apply more widely, in particular

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