Divorce or separation between a couple is the most difficult challenge to deal with. This stage in someone’s life does not only affect the mental health and confidence level but also puts the couple in a difficult situation where they have to make child custody arrangements. In the UK, the child custody law orders are solid and clear, and the one who will be granted the responsibility of the child is determined by the child custody law UK. in this guide, you will know some informative facts on how child custody law works in the UK.
Child custody law in the UK
In the UK, the custody of the child in the cases of divorce or separation is handled by the child law slicitors Manchester. In most cases, the custody of the minor child is granted to the mother and the father is given the right for contacting the child. However, several organizations are trying hard to increase the trend of joint custody in the UK to make sure that both parents have equal rights and are allowed greater contact with their children following a relationship breakdown.
According to the law of the UK, the parent who has the parental responsibility for the child should have the opportunity to make the important decisions about their children, such as what education the child will get, and how much time the child will spend with each parent and the other relatives.
Which parent gets custody of the child in the UK?
In the UK, in case of divorce or separation, the custody of the child does not automatically fall to any one parent or the other. Child custody is one of the most important, difficult and time-consuming processes as the child law solicitors need to go through every aspect according to the child’s best interest. So, rather than the wants of parents, the decision is made by the judge based on the things best for the child.
In most cases where one parent wants to leave the other and the children, the custody decision is easy as it may be obvious which parent the children should live with. The parents may also agree on the shared care arrangement, particularly if they both live nearby. In all situations, the decision is made based on what is best for the children and what are the desires of parents. Things get trickier and need professional help if the parents’ interests cannot be reconciled.
Factors to consider while making arrangements for the children
In the case where both parents are not agreeing on one thing, then it would be best to consult a child law solicitor or family lawyers for professional help. If parents are struggling to agree on the arrangements, then mediation through the assistance of solicitors and legal experts would help. However, both parents need to agree on the process to work. The court of the UK expects the parties to resolve the matter privately based on the best interests of the child. If there is no other option left, the family court would make the decision. The various factors that need to be taken into account include;
- Which parent is the primary caregiver?
- What is the bond between each parent and the child?
- What is the relationship between parent-parent?
- The overall personality history of each parent
- The medical history of each parent
- The wishes, feelings and interests of the child
- The ability of each parent to provide their children
Custody rights of parents
Before determining the custody of the child, both parents need to understand their legal custody rights according to the law of the UK (Children Act 1989). The main responsibility includes providing housing. The parental responsibilities are conferred on the mother, while a father will have the responsibility in case if:
- He was married to the mother of the child at the time of the child’s birth
- He registered parental responsibility with the court.
- He was listed on the birth certificate of the child.
If both parents have the parental responsibility for the child, then no one of them has the right to live with the child specifically because both are equally eligible for the custody of the child. The decision then depends on the best interests of the child. The courts are reacting more to the changes in modern families and trying to move more towards joint custody.
Final words
Unfortunately, not all marriages and relationships last forever between the couples. And those with children have a lot of struggles to provide their children with safety and peace. If the couples with children separate, they will need to consider the arrangements of child custody which reflect the children’s best interests. In the UK, child custody is described as the living arrangements of the children.
