{"id":1931,"date":"2020-06-30T07:34:02","date_gmt":"2020-06-30T07:34:02","guid":{"rendered":"https:\/\/wembleysolicitors.com\/blog\/?p=1931"},"modified":"2020-06-27T07:38:46","modified_gmt":"2020-06-27T07:38:46","slug":"what-needs-to-be-considered-in-a-child-custody-case","status":"publish","type":"post","link":"https:\/\/wembleysolicitors.com\/blog\/what-needs-to-be-considered-in-a-child-custody-case\/","title":{"rendered":"What Needs To Be Considered in a Child Custody Case?"},"content":{"rendered":"

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.<\/p>\n

It\u2019s not unusual to feel overwhelmed with the idea of resorting to a court to resolve your battles since it\u2019s a deeply personal matter. However, child custody laws and courts are concerned about what\u2019s best for your child, which means they don\u2019t make child custody decisions based on any of the parents\u2019 interests.<\/p>\n

If you\u2019re about to go to court for a child custody hearing, you need to inform yourself about the essential factors that affect the court\u2019s decision.<\/p>\n

Children\u2019s Preference<\/b><\/strong><\/h3>\n

Though the law doesn\u2019t make children choose between parents, it prioritized the child\u2019s wishes. In some cities, judges may take children\u2019s 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. \u00a0The child\u2019s preference has more weight if they are of sufficient age, as per Section 22(4) and Section 22(5) of The Children Act 1989<\/u>\u00a0(find on pg. 14),<\/p>\n

\u00a0\u201cSection 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\u2019s age and understanding.\u201d<\/i><\/em><\/p>\n

Under the Placement Act 1989, the court makes sure that \u201c<\/i><\/em>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.\u201d \u2013 <\/i><\/em>Find on pg. 93.\u00a0<\/i><\/em><\/p>\n

The Quality Of Child\u2019s Relationship With The Parent<\/b><\/strong><\/h3>\n

\"\"<\/p>\n

In some cases, one parent may not have a strong bond with the child for any number of reasons. Children\u2019s 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:<\/p>\n