The Effects of Divorce on Children And Who Gets Custody?

When it comes to child custody arrangements, most divorce cases in UK are settled by parents without having to go to court at all.  Court proceedings can be very frustrating and problematic in a lot of ways, which is why it is always better for both parties to reach an agreement with the help of solicitors.

Child custody mainly entails deciding who gets to make important decisions for the children and gets to care for them until they reach adulthood. This includes education, health as well as religion. There are some general principles that must be followed in the UK when child custody is being decided. This includes:

• Keeping the best interest of the child forefront
• The child not being separated from one of the parent against his/her own wishes
• Giving the child direct contact with both parents

What Happens After Divorce?

When getting a divorce, there are various things that a couple needs to keep in consideration about child custody. This includes a statement of arrangements, which outlines everything about the arrangements that have been made by the parents for their children’s future. This includes their residence, their school, who looks after them and how often they will get to see their other parent. Another thing that the divorcing couples need is to decide whether they want a joint or a sole custody.

Joint custody gives full access to children to both parents, where the children are supposed to spend time with their parents in accordance with a schedule. This is usually weekdays with the primary custodian and the weekends with the secondary custodian.

Sole custody rarely happens, and is often awarded by the court rather than agreed upon by the parents. This happens when one parent has a history of domestic violence, or has portrayed extreme negligence in their parental responsibilities due to substance abuse. In this instance, the abusive parent may be barred from seeing the children at all.

Parental responsibility

Regardless of the arrangements that have been agreed upon by both parties, parents cannot “waive” their parental responsibility, and must play a role in their children’s long-term decision making. Even if one of the parent isn’t willing to take child custody, they can be contacted by the Child Support Agency to provide financial support for the children.

Only when the parents are unmarried and haven’t registered the child’s birth jointly, the mother is automatically given rights to child custody.

How Courts Decide

As mentioned earlier, majority of the child custody cases do not go to court in the UK. However, if there is a dispute between the couple and they aren’t able to come to an agreement, then there is no other option but to take the matter to court.

The Children Act of 1989 outlines how the courts should award custody to the parents. Here are a few key factors from this law:

• The child’s welfare should be ‘paramount consideration’
• The child’s wishes should be taken into consideration, especially if the child is older
• The disturbance to the child’s lifestyle should be minimal
• Any history of domestic violence with any of the parent should be considered
• The parental capabilities of each partner should be taken into consideration

About US

Wembley Solicitors is an SRA registered and regulated law firm, specializing in UK family law and other law areas. We employ experienced family law solicitors who provide expert legal advice and services to clients to help them file divorce petitions successfully. For more details call 020 3417 3700 or drop an email at info@wembleysolicitors.com.