Child custody in the UK is involved in parental disputes and is used to decide which parent will be primarily responsible for one or more children after a divorce or separation.
Who gets custody of a child in UK divorce cases and how is the decision made?
In the UK, in the event of divorce or separation, both parents maintain joint custody of the child in most situations. This means that the child will spend half of his time with one of his parents and the other half with the other. It also means that parents, if they choose this route of shared custody, can both participate in decision-making that relates to the child's life and upbringing. However, if the separation goes badly, which sometimes happens, and both parents cannot agree on the living conditions of their children, then it will be left to the courts to decide.
Child custody and access
When a couple separates after having one or more children, it is necessary to decide how to divide the time spent by each of the parents with their child or children. This process is called access.
Custody is deciding which parent will make the important decisions in the life of the child (ren), that is, how to raise and care for him, her, them. Custody can be assigned to the mother, the father or shared between the two parents.
Access and custody combined are called parenting plans.
What are parental legal conflicts?
Disputes between married couples usually end up in a family court judge when they are serious and may have an impact on the child. The court will always prioritize the best interests of the child. In most cases, such conflicts end in "agreed residence" or "joint residence".
What is joint residency?
The outcome of joint residence for a child or children after separation of parents is the most desirable situation as it serves the best interests of all, children and parents. However, the UK does not have specific laws which state that one or more children must live specifically with the mother or the father.
Thus, joint residence allows both parents to have equal time and an equal share of the physical care of their child.
If you come to this agreement, both of you as parents will have equal responsibility, equal right to make decisions related to the upbringing of the child. If a decision cannot be made, parents can seek mediation or take the matter to court to ask a judge to decide.
What are custody disputes?
Custody disputes usually involve the mother and father of the child, but in some cases may involve a third party, for example, a grandparent who might try to obtain custody of the child due to the death of one of his parents or by invoking the inability of the parent to take care of the child. If a case like this goes to court, the court will generally consider that a parent is usually the best person to look after the welfare of their child.
There are, however, a number of circumstances where one of the parents might be prevented from having contact with the child. This decision can be overturned at any time by the courts if the circumstances change (situation or behavior of the parent). If you find yourself in this situation, you can reapply at any time for "access", and a court will reconsider the decision after reviewing the evidence. It is advisable to be accompanied by a solicitor in family law in this process.
In the UK, the courts accept custody arrangements that have been prepared by the parents as part of their separation agreement. However, the court will undoubtedly ensure that the proposed arrangements are logical and practical and that they serve the best interests of the child. If this is not the case, or the court has doubts about a parent's ability to care for their child, it may also consider the role of grandparents and other influential adults in the process. life of the child during his decision-making process.