The future of children is one of the most important considerations for parents who decide to divorce. Child arrangements has long since taken the place of custody in the UK. Nonetheless, the public continues to use the term custody to refer to decisions on the living arrangements of children and the distribution of their time between divorced or separated parents. It can be difficult to navigate this process, which is where knowledgeable family law specialists come in.
Child Custody Lawyers
The welfare of the children concerned is always given priority by family courts in disputes between you and your partner regarding child arrangements. The court may issue child arrangement orders to settle disputes between parents who are unable to reach a consensus. Knowledgeable family lawyers are here to support you during this process and make sure that your children’s best interests are always prioritized.
Understanding Custody
Courts and legal experts instead use terms like child arrangements or residence orders. These expressions represent the contemporary idea that decisions concerning children should take into account their needs as well as the parents’ wishes.
When people refer to custody, they frequently indicate that one parent will be the child’s primary caregiver and that the other parent will have little to no influence over important choices like healthcare and education. In actuality, though, shared care is encouraged whenever possible under UK family law. Unless doing so would adversely affect the child’s welfare, the intention is to preserve the child’s relationship with both parents.
Resolving a Child Custody Dispute
The law encourages separating parents to resolve child arrangement issues amicably, putting the child’s welfare first. If both parents can’t agree on how time will be shared, the court can step in to make decisions.
The process usually begins with a Mediation Information Assessment Meeting (MIAM). Mediation offers parents the opportunity to come to an agreement outside of court, focusing on the best interests of their child. If mediation fails or isn’t appropriate due to circumstances like abuse or violence, the next step is to seek a child arrangement order in the family court. This order is legally binding and outlines the times and days the child will spend with each parent.
Factors the Court Considers
When family courts are asked to make decisions about child arrangements, they follow a specific welfare checklist as outlined in the Children Act of 1989. This ensures that the child’s best interests are at the forefront of any decision. Factors considered include:
The child’s wishes and feelings, taking into account their age and maturity. Children aged nine and older are often considered mature enough to have their opinions heard.
- The child’s physical, emotional, and educational needs.
- The potential impact of changes in the child’s circumstances.
- The child’s age, sex, and background.
- Any harm the child has suffered or risks suffering.
- The ability of each parent to meet the child’s needs.
- All legal powers available to the court, under the Children Act.
How Child Arrangements Are Made
When it comes to making arrangements, the starting point is usually shared care. The courts prefer for both parents to remain involved in their children’s lives unless doing so would harm the child. In cases where parents can’t agree, the court may award a lives with order, specifying with whom the child will live. This is similar to what people commonly refer to as custody, but it doesn’t give the resident parent complete control. Both parents must still make major decisions together, especially if both have parental responsibility.
A child arrangement order may also outline spends time with agreements, detailing how often and for how long the child will see the other parent. This ensures that both parents can maintain a relationship with the child, provided it’s in the child’s best interest.
For further advice please get in touch with our team today by calling 020 8538 0182 or +44 7857 809932, or you can email us on info@mkksolicitors.co.uk.
Please note these blogs are to enhance your knowledge and are not tailored advice, for specific advice please get in touch with our outstanding team.
