Post Divorce: Who Gets the Child Custody?

It’s a bond unlike any other, most cherished, most valued—for both.

And although, neither of you ever wanted to entertain this consideration [after all, it shouldn’t be the little soul suffering for the differences between the two of you], but eventually you are here:

Who gets child custody after divorce?

Deciding on custody of your children after you break up with your partner can be a complicated issue. Every effort should be made to come up with an arrangement so that your children don’t suffer more.

Let’s be real, the divorce will have an impact on your children no matter how peacefully the two of you part.

The law in the UK encourages parents to reach an agreement on child custody at the time of divorce, without involving courts.

This agreement is to be presented as a Statement of Arrangement along with the divorce petition. It should contain details about where and whom the children will live, who will look after them, which schools they’ll attend and how often they’ll see the other parent. Consulting a mediator can help in the drafting of such agreement.

In case where the parents fail to reach an agreement, the court would then refer them to a CAFCASS officer, from the Children and Family Court Advisory and Support Services.

Where parents still cannot find an agreement, the court will then ask the officer to make a recommendation in favour of a parent based on the statements collected during the initial meeting.

From here on, the court will take charge of the proceedings. It will pass a judgement after evaluating all the factors and the opinion of the CAFCASS officer, and this judgement will then be binding on both the parents.

What are the things UK family courts factor in when deciding on a child’s residency arrangements?

The child custody evaluation standards are covered in the 1989 Children’s Act and incumbent courts to take a decision in accordance with a child’s welfare. The key factors provisioned in the Act are:

• Child’s wish and their feelings.
• Child’s age and sex.
• Where their physical, emotional, financial and educational needs will be best served.
• Which decision will cause the child minimum disturbance?
• With whom the child will be safer.

The court can pass range of orders, from sole residency in favour of a parent to a joint residency. Most cases are ruled in the favour of the mother, but there has been a significant increase in cases over the last few years where sole residency has been granted to the father.

Do you have any other question about child custody or need legal help with the handling of your case?

Feel free to contact us, our expert family law solicitors would be happy to serve you.