Hayley Trim's Analysis: K v B – the blurring of the lines

The mixing of money and children is a taboo for family lawyers which it is sometimes hard for the client to grasp. Of course when parties divorce there is frequently an interrelation between financial provision and children's arrangements: the amount of time a child spends with each parent will determine child support payments under CSA 1991; and in most cases the main carer of the children is likely to end up with the lion's share of the capital in order to provide a home for the children. However it is generally considered distasteful and off limits to directly connect financial negotiations with negotiations in respect of arrangements for children and for good reason. A child's right to contact is not dependent upon the non-resident parent paying a certain amount of child maintenance and the parental duty to maintain a child exists independent of contact taking place. A court in dealing with section 8 Children Act matters has no jurisdiction to make ancillary relief orders and...

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