In this article, we’ll will explain how child custody works and discuss some of the possible options if you and your ex-spouse can’t agree on who will get child custody.
Child custody law in the UK dictates who would be mainly responsibly for the child, after a couple separate or get a divorce.
Child custody is now often referred to as ‘residency’ i.e. where the child will live.
For many parents, joint child custody (or joint residency) will be the end result. This is when the child spends half of their time with one parent and half of their time with the other.
If both parents can agree on child custody and financial support for the child, there will normally be no need to attend any court hearings.
A solicitor, such as Austin Kemp, can make an agreement legally binding. We would always recommend that parents do this, so that their child custody agreement is legally binding. This is useful should one parent try to go against the arrangements you have made in the future.
If an agreement cannot be reached regarding child custody arrangements, there are other options. For example, a mediator – an independent third party there to aid discussions between you and the other parent, with the aim of reaching an agreement – could help if talks between you and the other parent are proving difficult. Mediation can be much quicker and more cost-effective than attending court.
If you and the other parent cannot agree on child custody (or any other aspect of child arrangements), you may have to ask a court to decide for you.
First and foremost are the best interests of the child in child custody cases.
The court will issue a court order based on what it believes is appropriate. A child arrangements order is used by the court to dictate child custody.
For many parents, child custody is something that they are able to agree on between themselves. Sometimes, help in the form of a mediator may be required.
In some instances, asking a court to decide child custody arrangements is the only way to resolve a dispute.
It is possible to change child custody arrangements in some circumstances. A solicitor can advise you if you are likely to be able to change your child custody agreement.
Rarely, a court may decide that one parent should not have any access to their child. However, if the parent’s circumstances change, the court has the right to change its decision.
It is highly recommended that you seek legal advice from a solicitor regarding child custody arrangements, especially if you think you and the other parent may be unable to reach an agreement.
Our expert family law solicitors can help you with a range of legal issues relating to child custody, including:
For more information call our divorce solicitors on 0845 862 5001 or email firstname.lastname@example.org.
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