Child Maintenance, Contact Disputes and the Need for Reform
- Deanna Newell
- Jul 5
- 2 min read
One of the most concerning issues raised by separated parents is the relationship between child maintenance calculations and disputes over overnight care arrangements.
Under the current Child Maintenance Service (CMS) framework, the number of overnight stays a child has with the paying parent can affect the level of child maintenance payable.
While this reflects the principle of shared day-to-day care, some parents report that disagreements about overnight contact become closely linked to financial disputes.
Some parents allege that contact is restricted or that agreed overnight arrangements are not facilitated because of concerns about the potential impact on child maintenance. Others report allegations being made against them when seeking greater involvement in their children’s lives.
Equally, many parents have genuine reasons for limiting contact, including safeguarding concerns. Every case must therefore be assessed on its own facts, and no assumptions should be made.
Where disputes over contact and finances become intertwined, the consequences can be significant:-
Children may lose valuable time with a parent.
Parents can experience prolonged emotional and financial stress.
Family Court proceedings may become the only route to resolve disputes, despite the considerable financial and emotional cost.
High-conflict litigation can damage family relationships and negatively affect children’s wellbeing.
The current system treats child maintenance and child arrangements largely as separate processes, however, in complex cases these issues often overlap.
A more coordinated approach may help identify cases where financial disputes, contact disputes and safeguarding concerns are occurring simultaneously.
For this reason, I am calling for the introduction of a Mandatory Three-Tier Triage System for both the Child Maintenance Service and the Family Court.
Tier 1 – Standard Administrative Resolution - For straightforward cases with agreed child arrangements and uncomplicated financial circumstances.
Tier 2 – Enhanced Assessment - For cases involving complex finances, disputed income, questions about shared care arrangements, or other concerns that require specialist review.
Tier 3 – Judicial and Safeguarding Pathway - For high-conflict cases involving disputed child arrangements, safeguarding issues, allegations of domestic abuse, coercive or controlling behaviour (where evidenced), or other matters requiring judicial determination.
The purpose of this proposal is not to favour one parent over another or to reduce financial support for children. The purpose is to ensure that the right cases receive the right level of assessment at the right time, reducing unnecessary conflict, improving transparency, and keeping children’s welfare at the centre of decision-making.
Children deserve meaningful relationships with both parents where it is safe and in their best interests. They also deserve a child maintenance system that is fair, transparent and capable of responding to the complexity of modern family life.
It is time to modernise the system through evidence-based reform, mandatory triage and earlier intervention, so that families receive the support they need before disputes become entrenched.
Deanna Newell Family Law
Advocacy for truth-tellers, survivors, and the children who deserve better
