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Child Custody.
Child custody can be the most emotive issue in a divorce, the law will decide who is the primary carer of a child, and where a child should live, quite often it’s decided that parents will have joint custody, so the child will spend equal time with both parents and allows both parents to have an equal say in the upbringing of the child.
In real life situations things are not always amicable and a different solution may be required, normally decided by the courts. In all cases the courts will decide what they feel is in the best interest of the child, following the courts consideration of each parent.
Joint custody is normally in the best interest of a child but as the law does not stipulate that this must happen, the parents should try to amicably negotiate a solution and try not to consider what is only best for themselves, mediation can help with this and your family solicitor will have the details of one.
If an agreement cannot be made then the courts will decide for you.
Whilst most child custody disputes are between parents it’s not unusual that a relative becomes involved, normally in the event of a parents death or for medical reasons.
Once an agreement has been made it is possible to change the agreement if circumstances have changed.
Issues to consider when deciding child custody.
- What’s the best situation for the child?
- What does the child want to do?
- Any impact the change may have to their education.
- Impact emotionally.
- Age and gender.
- Capability for each parent to look after the child.
- safety of the child
- Other consideration can also be included in the decision.
Child arrangement orders.
An application can be made to the court for a child arrangement order, anyone that has parental responsibility for a child can do this, the court will decide residency and contact and an order will normally apply up to the Childs age of 16 (18 in some cases)
It is also possible to apply for a change in an existing order, normally in the event that the existing order is not being carried out, typically in relation to child contact arrangements.
It’s very difficult for the court to punish a parent if they are not carrying out orders as any punishment can impact a child, who the court are there to serve the best interests off.
Specific orders and Prohibited steps orders.
Parents can also apply for an order on a specific point, these might include
- Change of school.
- A parent moving away.
- Medical issues.
- Religion.
As with all of these matters the courts will want the parents to try to come to an agreement first including the use of a mediator.
You can appeal to the family court using the application form (available online or through your solicitors) and a court fee will be payable.
Following notifications by the to court to interested parties, a hearing date will be arranged, if in the event a decision cannot be made a further hearing will be arranged.
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