What Needs To Be Considered in a Child Custody Case?

After divorce, child custody is one of the biggest concerns for parents. Most parents try to make the right decision on their own, but the courts have to make the final decision in almost 88 percent of the cases.

It’s not unusual to feel overwhelmed with the idea of resorting to a court to resolve your battles since it’s a deeply personal matter. However, child custody laws and courts are concerned about what’s best for your child, which means they don’t make child custody decisions based on any of the parents’ interests.

If you’re about to go to court for a child custody hearing, you need to inform yourself about the essential factors that affect the court’s decision.

Children’s Preference

Though the law doesn’t make children choose between parents, it prioritized the child’s wishes. In some cities, judges may take children’s testimony to get a hold of their preference. The court decides whether the custody case lawyer, parents or none of them should be present when the child gives testimony.  The child’s preference has more weight if they are of sufficient age, as per Section 22(4) and Section 22(5) of The Children Act 1989 (find on pg. 14),

 “Section 22(4) of the 1989 Act, consistent with Article 12 of the UNCRC, provides that, before making any decision with respect to a child whom the local authority are looking after or proposing to look after, the authority must, so far as reasonably practicable, ascertain the wishes and feelings of the child. Section 22(5) provides that, in making any decision in relation to the child, it should give due consideration to those wishes and feelings, having regard to the child’s age and understanding.”

Under the Placement Act 1989, the court makes sure that “Any decision about delegation of authority must consider the views of the child. In some cases a child will be of sufficient age and understanding to make decisions themselves.” – Find on pg. 93. 

The Quality Of Child’s Relationship With The Parent

In some cases, one parent may not have a strong bond with the child for any number of reasons. Children’s relationship with their parents can be complicated, and Custody law recommends granting custody to the parent the child is more comfortable with. To gauge the quality of the relation, judges may ask the parent about the following:

• Their child’s interests, hobbies, favourite books, favourite food, etc.
• The child’s reaction to the divorce
• How will the parent support the child after getting custody?
• How do they express love for their child?
• Who does the child mostly come to talk about their problems and worries?
• Who would mostly do the cooking and other house chores?
• Who would stay back at home when the child was sick
• Who was more considerate about the child’s education

The court asks these routine questions from parents to make sure the child’s life isn’t irreparably destabilized, as per the Section 22C (7) to (9) of The Children Act 1989 (find on pg. 50-51)

Employment State Of The Parents

An employed parent may be more financially stable to support the child, but at the same time, they would also be spending less time with the child because of work responsibilities. Working parents may be asked about the following:

• Whether they are doing a full-time job or a part-time job
• What’s the location of their place of employment?
• What are the benefits and incentives that their employer offers?

There are several other factors that the court may consider according to the nature of your case. Understanding child custody law can be challenging, and it’s better to seek advice from professional children custody solicitors like Wembley Solicitors. We’ll help you understand UK’s child law and represent a strong case in the court with reasoned arguments.

For more information, connect with our experts at 02034173700!