How Child Arrangements (Custody) is decided in the UK

Child arrangements can be complicated; no two family situations are identical and there is no one-size-fits-all solution when it comes to deciding on care for children, their living arrangements, who takes responsibility for them and how their time is split and assigned between parents or guardians.

When deciding on the arrangements for children following a divorce or the breakdown of a relationship, there are different steps and factors to be considered.

The ideal scenario is one where both parents maintain open lines of communication, have amicable conversations and proactively discuss arrangements which focus on the best interests of the child or children involved. This is the ideal, but life, as we all know, isn’t always this straightforward.

Even where parents or guardians are amicable and want to work out and agree on arrangements themselves, it is still advisable to seek professional legal advice. It can be beneficial to have someone to act as an impartial third party (such as a mediator) and by involving a legal expert, you can help to ensure arrangements are agreed formally and everyone involved has complete clarity to move forward with the agreed approach.

The role of the courts

In circumstances where the parents cannot agree on the necessary arrangements for their children, the courts will decide.

In this scenario, we highly recommend seeking specialist legal advice from a firm of solicitors with expertise in this area. There is a lot of misinformation circulating regarding parental rights and whilst friends, family members and other contacts may have your best interests at heart they may not have the right information of understanding of the legal process.

The dedicated family law specialists at Poole Alock have a wealth of experience in this area and can offer clear support during what is often a difficult and challenging time.

The court’s role in the process is to ascertain what is in the best interest of the child. When making this judgment, they will consider factors which are outlined in the ‘Welfare Checklist’. This includes factors such as:

• The physical and emotional needs of the child as well as their educational needs.
• The child’s wishes and feelings (with age and level of understanding also taken into account, it is important to note that whilst a child’s feelings are a factor, their wishes alone will not dictate the outcome.)
• The manner in which the child could be affected by any changes to their circumstances and routines. The court will seek to minimise unnecessary disruption to a child’s life wherever possible.
• The parents’ ability to meet the needs of the child/children, including considering the suitability of accommodation

When it comes to court proceedings in this situation, we advise our clients not to think about winning or losing in court. The aim is to reach an outcome which is in the best interests of the child or children involved and to make arrangements which are as practical and as sustainable as possible for the parties involved.

Costs

In child arrangement cases, the rule of thumb is that each party is responsible for their own costs. (The courts do have the discretion to make a costs order but this would only happen in exceptional circumstances.)

Our specialist family legal advice

At Poole Alcock, we have extensive experience in dealing with matters relating to family law and child arrangements. An amicable outcome is always the aim, but we understand that in reality, this isn’t always possible.

We take a child-centred approach and recognise that this is a time when sensitivity and emotional support are required in addition to our extensive legal knowledge and expertise.

We aim to support our clients in resolving issues and reaching an agreement which works for them and their children. We support parents whilst ensuring that the best interests of the child/children are considered at every stage.

We know that these matters can be incredibly complex and whether yours is a relatively straightforward or a complicated case, our advice can be invaluable. Our expert family law solicitors can provide strong legal representation in court if that is required.

If you would like an initial consultation with our family law specialists to discuss child arrangements, then please contact us and we will be happy to discuss your specific situation with you.