If you are looking for child custody solicitors in Exeter, then contact Gemma Sparks for a free initial consultation.
In England, child custody (officially known as ‘child arrangements’) is governed by the Children Act 1989, with a focus on the child’s best interests. Here are the key points:
1. Parental Responsibility
Both parents with parental responsibility will have a say in significant decisions about the child’s upbringing. This is usually the mother (automatically) and the father (if married to the mother or named on the birth certificate). However, it does not automatically decide where the child shall live.
2. Child Arrangements Orders
When parents cannot agree on arrangements for children then the court can issue a Child Arrangements Order to determine:
• who the child lives with (previously called custody or residence); and
• who the child spends time with (previously called access or contact).
3. Best Interests of the Child
Courts make decisions based on the welfare checklist. This includes:
• the child’s wishes and feelings (depending on their age and maturity);
• the child’s physical, emotional, and educational needs;
• the likely effect of any change in circumstances;
• the capability of each parent to meet the child’s needs; and
• any harm the child has suffered or is at risk of suffering.
4. Shared Care
Shared care is increasingly encouraged. It allows the child to spend substantial time with both parents.
This does not necessarily mean equal time, but the idea is that there should be meaningful involvement by both parents.
5. MediationÂ
Before applying to court, parents must usually attempt mediation to resolve disputes, unless exemptions apply, such as domestic abuse.
6. Non-Parent Applications
Grandparents or others can apply for a Child Arrangements Order, but will typically need permission from the court to do so.
7. Enforcement
Court orders are legally binding, and if someone breaches an order it can result in penalties, unless there’s a reasonable excuse.
