Child Arrangements | If They Aren’t Paying Towards the Children, Can I Stop Contact?

"If They Aren’t Paying Towards the Children, Can I Stop Contact?"

This is a question I have been asked many times over the past decade, and whilst it is an understandable frustration, the answer is a clear and resounding “no”.

Well… you could, but it would not be an appropriate response, and it is one that the Court would definitely take a negative view of, were you to end up in Court Proceedings. Child arrangements and child maintenance are not intrinsically linked.
Let us unpack why.

Child Maintenance:

Child Maintenance is the sum of money paid by the parent who spends time with (but less than half the time with) the children, to the parent who has primary care of the children (more than half the time).
This is a statutory obligation thanks to the Child Support Act 1991. 

You can read a little more detail about Child Maintenance here: READ IN FULL. 

Child Arrangements:

Child Arrangements is the term we use to mean the time a child spends with each parent. Whether or not maintenance is being paid, a child has a right to a relationship with both parents (where it is safe to do so), and this is a fundamental Human Right – The Right to Family Life (Human Rights Act 1998 Schedule 1 Part 1 Article 8).
When a parent reframes “contact” or “child arrangements” as a right for a child, and not a reward for the parent, that better captures the spirit of the law.

But Isn’t Child Maintenance Calculated Based On Income And Overnight Stays?

As far as one can see, the only overlap between Child Maintenance and Child Arrangements, is that the calculation conducted by the Child Maintenance Service looks at the paying parent’s income, and the number of nights they are caring for their child. The fewer nights, the more maintenance. By contrast, the more frequent the overnights, the lower the maintenance. This is purely practical: the nights where the children stay with a paying parent, they are paying for them by virtue of them being present. It is nothing more than practical and mathematical.

In conclusion, there is no way stopping contact because of failure to pay maintenance is ever going to appear a reasonable thing to do, and you will likely find yourself at the end of an argument stating that your sole reason for interfering with your child’s fundamental human right is “financially motivated”.

Best advice? Make a CMS claim, and agree Child Arrangements separately. If you need further advice or guidance when it comes to arrangements for children, contact our Family Law Team today on: 01926 354704 or email: family@moore-tibbits.co.uk. 

Article by: Antonia Kirby | Senior Solicitor; Family Law Team