During a divorce or separation, the term ‘custody arrangements’, is now referred to as making ‘child care arrangements’. However, it is common in conversation and through the media to use these and other phrases interchangeably. Whatever the terminology used, going through court to arrange where your child will live and what kind of contact they will have with each parent is an emotionally difficult time for parents, and understanding what your custody rights can be challenging.
Custody laws in the UK
In alignment with the Children Act 1981, UK laws are based on the welfare of a child as the priority. This is important and helpful to bear in mind throughout the whole process, whether you are making arrangements on your own, using mediation services or going through court.
Making your own arrangements
Making your own child care arrangements can have positive benefits for both spouses and their children. Not only can it be less emotionally taxing on everyone, but the process is usually quicker and less costly. Former couples who have parted ways amicably often have the best chance of being able to make their own decisions on where their children will live and how contact will be managed. However, it’s common for divorcing parties to find this difficult. If you have separated and are on reasonably good terms, consider how you will manage communication, highlight issues you need to discuss, be prepared to see things from the other parent’s perspective and be willing to compromise.
Using Mediation
Mediation could be the next step if you don’t and cannot agree with your former spouse. During mediation, each party will be able to raise a range of child arrangement matters to an independent mediator. This will begin typically with an initial meeting, followed by one or more confidential sessions with both parents to discuss where your child will live and when they will be in contact with each parent. A mediator does not make a final decision like a judge, but helps parents communicate, resolve disputes and reach solutions which can then become legally binding.
Mediation is usually less expensive and time consuming than going to court, however, it can be helpful to get in touch with a family law lawyer who can help guide you through the process
The family courts
The next stop if mediation doesn’t work, is to go through the family courts. After proceedings, you will receive a Child Arrangements Order which will set out where your child will live and what contact they will have with each parent. To begin the application process, you will first of all need to complete a C100 form and pay a £232 court application fee. Just so you know, before you apply, you will need to have attended a Mediation Information and Assessment Meeting (MIAM), unless you are exempt.
Again, it is valuable to seek advice or guidance from a professional family lawyer who will help ensure you are providing the correct information and offer representation in court if needed.
How the court makes decisions on child arrangements
When making decisions on an order, the courts will use the child welfare checklist which includes everything they must consider beforehand regarding with whom a child will live with and have contact with. This includes looking at and ensuring the child’s physical, educational, emotional needs are met, whether the child has come to any harm or neglect and if either parent presents a risk to their child.
They will look at the impact of the change the divorce or separation will have on them, and evaluate the capability of each parent in meeting their needs. The courts may also use other sources such as the opinions of psychologists and/or social workers, testimonies from parents and they may also consider the child’s own views, depending on their age. All cases are assessed by CAFCASS who present their findings to the court following background checks and interviews.
Conclusion
Understanding custody rights can feel overwhelming at first, however, by taking time to understand how things work and by seeking advice and guidance from an experienced family lawyer, you will be able to navigate the system in a way that provides the best outcome for your children and you.
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