Unfortunately, not every marriage and relationship has a happy ending and they have to end up with divorce. Even when the children are not involved, divorce is a difficult procedure but the involvement of children makes it more complicated. When you separate from your partner after having children, both partners need to consider reliable living arrangements according to the child’s best interests. In such a scenario, the term child custody is used. However, it is crucial to note that child custody is no longer a legally used term in the family court of the UK, it is now referred to as “Child Residence Arrangements”.
Child custody or we can say child residency is a legal process dealt with by the family courts under child arrangements orders. Parents can get the best advice on divorce cases including custody from the efficient divorce mediation services. These orders entail where a child lives and how the parents can spend time with the children after separation. The child's living arrangements can either be shared with both parents or can be taken care of by one of them, it all depends on the divorce grounds and court orders. It is crucial to note that the custody doesn’t automatically fall to any of the parents, it is solely based on the child’s best interests.
In a legally binding divorce decision, family courts will determine the child's residence arrangements and ensure that everything is done in the favour of the child. In this blog post, we will understand what are the different legal laws and rights of child custody and who will get child custody in different scenarios. Let’s read it further!
Agreeing Child Custody between Parties
Generally, the legal authorities of the UK advise parents to take a holistic approach and settle the arrangement of child custody between themselves. These arrangements offer flexibility to allow for the best interests of the child and accommodate each parent’s situation. If both partners have come to a conclusion and agree to mutual arrangements, it is recommended to brief the details in a written document. However, this brief written document is not legally binding and enforceable by law. To make the agreement legally binding, you can take the help of the divorce solicitors in the UK and draft a consent order detailing the agreement.
Mediation or Other Intermediary Support
Parents can also seek legal help and get mediation support for the child custody arrangements. But keep in mind that it is not possible in all the divorce cases such as domestic violence. The mediation usually takes place in the family support centre where a professional mediator helps you keep focused on the child custody and make relevant decisions. The mediator ensures that the communication is in the favour of the child and maintains a calm and relaxed environment. They also communicate with the child and provide the most suitable solution.
Court Orders
If both the above-mentioned ways don’t work, the parents can register a case for child custody in court with the help of divorce mediation services. The judge will thoroughly understand your terms and determine if there is any potential risk to the child. If at this point, the parents get along with the defined terms, the judge will pass a consent order defining the terms but still there is no conclusion, the judge will give a date of the next hearing. During this tenure, the parents either take mediation support again or attend a course individually known as the “Separate Parents Information Programme”. After the court will decide whether joint custody is feasible or sole custody is reliable.
The judge will take the decision after considering factors such as:
Ø Child’s Feelings
If the child is 16 years old or above, they have the right to choose which parent they wish to live with. If the age varies from 12 to 15 years, the court will take their feelings and consent into consideration along with other aspects while making a decision. Children under age 11 will have their say but their opinions don’t carry much weight and the decision will be based on other factors.
With very young children, the court and divorce solicitors in the UK will try to understand the feelings of the child withdrawing or other engaging activity. Despite all these, the court ensures that the child doesn’t face any discomfort, if they feel that the child is feeling upset, they will stop the procedure immediately and ask parents to try again to reach a mutual decision without involving the child.
Ø Parent’s Input
The judge also considers who is responsible for the upbringing of the kid so far and who will be able to dedicate most of their time to the child. However, if the court observes that either parent is addicted to alcohol or other substances and poses any harm to the kid's overall well-being through abusive or harmful behaviour, that parent will not be granted custody.
Child Custody Arrangement is indeed a sensitive topic for both parents as well as the child and thus needs extra care while dealing with it. These situations become more depressing and stressful for the children and for that reason, the court handles these cases very carefully. If you also need help with your divorce while handling the child custody matter, you should consider contacting Legateca. Legateca’s professional team can help you with all aspects of divorce including Child Separation Arrangements and Mediation Support.
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