Military family law solicitor, Lucy Woodward, presents her guide to child arrangements for military families.
Military life is demanding and unpredictable, often posing significant challenges for service members and their families, both day-to-day, and long term.
Management of military life also extends to families that are separated, specifically those families with children. Among the most complex and emotionally charged issues faced by military personal is the management of child arrangements. The complex demands of military service can complicate care arrangements (how, when, and where you’ll see your children) and often rely on the flexibility of the non-military spouse, which is not always forthcoming. It is also crucial to place the wellbeing of the children/child at the forefront of any arrangements and the focus should be on them benefitting from having both parents in their lives.
Military deployments
One of the most significant challenges faced by military personnel in relation to child arrangements is the frequency and unpredictability of deployments and operations. It is often the case that personnel are moved or deployed at very short notice for extended periods of time, which can disrupt existing child arrangements or prohibit future agreements being made. It is also common for deployments to prohibit telephone contact due to poor signal or contact restrictions, making it even more difficult to keep contact alive.
It is undoubtably difficult for both parents to raise a child in these circumstances, leading to strained relationships for separated military families. It is therefore vital that written arrangements can be agreed and recorded for everyday contact, contact when one parent is deployed, and for circumstances when telephone contact is difficult or impossible. Recorded arrangements can benefit the parents as well as the child/children by providing them with the stability and structure that is necessary to support military children throughout their childhood.
Military re-locations
Military personnel often re-locate regularly and sometimes at short notice. Re-locations can be either national or international and effectively out of the control of the serving member. When a family has separated, there are many complex factors to consider in respect of contact with children. For example, where the child is attending school, how often the child has contact with each parent, and whether they would benefit by moving with the serving member. It may be the case that the free ‘wrap around’ childcare assists in deciding where the child/children will live or that the child/children will benefit from taking advantage of the discounted private schooling awarded to many members of the armed forces.
Parental responsibility & moving
It is important for separated military families to discuss re-location in advance to understand how contact between the parents and the child/children will work. If a court order is in place, you will need to seek permission for the order to be varied if the arrangements can no longer be adhered to. If you have Parental Responsibility of your child/children (where you are the mother, or are on the Birth certificate, or you were married to the mother at the time of birth), then you have certain rights over your child’s/children’s education, location and healthcare. If your ex -partner decides to make a unilateral decision regarding your child/children, for example, moving county or schools, then you have rights to prohibit this via a court application. Ideally, you should make all important decisions directly with the other parent, however, we understand that this is not always possible and when agreement cannot be reached you should seek specialist legal advice from a specialist military family law solicitor.
Child maintenance
As a general rule, the arrangement for child maintenance payments are made directly between the parents and the Child Maintenance Service (CMS) and there is no requirement for a legal representative to become involved.
Child maintenance is calculated over a period of two weeks and the amount of maintenance will depend on how often the non-resident parent cares for the child/children overnight in this period. Taking into consideration the complexities outlined above, such as deployments and re-locations, it is helpful to agree with the other parent the arrangements for contact and maintenance to allow for flexibility and ease.
Please note, private arrangements for child maintenance can be retracted and either parent will have the option to contact Child Maintenance Service if they are unhappy with the agreement. However, it is beneficial for both parents to agree privately to save time, costs and to benefit the child/children.
Finally, issues can arise with certain members of the special forces in respect of their identity and records when completing child maintenance forms. We recommend seeking legal advice to understand the complexities involved, and to work around any issues this may add.
Getting specialist support for you child arrangement issues
There are advantages in seeking legal advice from a specialist military family law solicitor who not only understands the particular needs and demands of military life, but who is also familiar with the dedicated legal principles that apply in these circumstances, such as the protection offered to military personnel under the Servicemembers Civil Relief Act.
The challenges of managing child arrangements are particularly significant for those in the military, impacting not just on the service member themselves, but also on their children. Addressing these difficulties requires a combination of flexible legal frameworks, robust support systems, and an understanding to the unique demands of military life.
