The Family Court always puts the needs and welfare of children first, making child arrangement orders when parents can't agree. Our child custody lawyers are here to help if you need to apply for a court order.
Child custody is a term used to refer to the arrangements made for childcare following a separation or divorce. This includes where the child should live, who will make decisions regarding the child’s day to day care, and how much time should be spent with each parent.
The term ‘child custody’ hasn’t been used by the UK courts for some time, but it is still popular among the public. Instead, family courts use the term ‘child arrangements’, reflecting the aim of meeting the needs and best interests of the child, rather than the wishes of the parents alone.
How do I resolve a child custody battle?
If you and your partner have divorced or separated, who gets custody of the children is likely to be one of the biggest disagreements between you. The term "custody" has not been used by the UK courts for some time, but it is still popular amongst the general public.
These days, family courts use the words 'child arrangements', which is not only a more sensitive phrase, it also reflects the facts that these are designed to meet the needs of the children rather than the wishes of the parents alone.
If the parents cannot agree the arrangements between them, ultimately a Court can make that decision for them.
How do I arrange to get child custody?
In the eyes of the law, the starting point for all child arrangements between separated couples is that the care of the child should be shared with both parents, unless this would be likely to adversely affect the child's welfare.
Naturally, there may be reasons why you think that sole custody would be best for the child or children, but the law requires that in the first instance, you try to arrange this amicably with the other parent.
If that isn't possible, the next step is to seek a child arrangement order from a court. However, before you can make this application, you must first attend a Mediation Information Assessment Meeting (MIAM).
If mediation doesn't work, either because you can't agree or because your former partner is violent or abusive, we could then help you to seek a child arrangement order in the family court.
This is a court order that is binding on both parents, and which often sets out the times and days that children must spend time with you and your former partner.
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued.
B L (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf.
J B (family and personal matters case)
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint.
C I (family and personal matters case)
How do courts decide who gets custody of a child in the UK?
When considering arrangements for children, family court judges always refer to the following welfare checklist, which is set out in legislation:
The wishes and feelings of the child, considering their age, level of understanding and maturity. Most courts regard children of nine years and older as understanding their circumstances.
The child's physical, emotional and educational needs.
The likely effect that any change of circumstances will have on the child.
The child's age, sex, background and any other characteristics that the court thinks are relevant.
Any harm that the child may have suffered or is at risk of suffering.
How capable the parties in the case are of meeting the child's emotional and physical needs.
All the powers that the court has under the Children Act, which could be used within the proceedings.
Whilst the welfare checklist is meant to be used by judges when assessing arrangements for children, if you are a parent who wants a child arrangements order, relying on the welfare checklist is a good place to start for most parents.
Contact our child custody lawyers today
If you would like to speak to an experienced child custody solicitor about custody and child arrangements, simply call 0330 041 5869 or contact us online today and we will call you.
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The overall aim of child custody laws in the UK is to give the child the most stable, healthy environment possible in the circumstances. The best interests of the child will remain at the forefront of any decision taken by the court.
This often means ensuring that both parents remain actively involved in their child’s care and upbringing, though there are circumstances where this wouldn’t be deemed appropriate (for instance, in cases of abuse, neglect or violence, or where one parent’s living situation means they cannot adequately provide for their child).
What are the different types of child custody?
There are two main types of child custody in the UK. These are:
Sole custody: this refers to arrangements in which one parent are primary care and responsibility of the child
Joint custody: under a joint custody arrangement, both parents have shared responsibility for the child’s upbringing and care
There are other types of child arrangements that will be considered by the courts, who will consider various factors, such as the living situation of each parent, the child’s needs and the parent’s capabilities, before making a judgement on what is the best solution for the child.
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued. B L (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf. J B (family and personal matters case)
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint. C I (family and personal matters case)