Who gets custody of child in divorce?

Going through a divorce can be extremely stressful for any family, especially when it comes to child arrangements. Should you find it difficult to agree upon your child arrangements during the divorce process, it can cause a lot of emotional turmoil for both the parents and the child. Child arrangements refer to the agreements set in place of where and whom with the child will reside. In the past, it was commonly assumed that the mother would typically get ‘sole residence ’ of the child, however, this is not guaranteed; instead, the decision of where the child will reside will depend on multiple factors.

In this blog, we will be discussing:

• Why is the term ‘child custody’ no longer used by solicitors?
• Do I need to go to court for child custody?
• How does the court decide who gets custody of the children?
• What are the grounds for “full custody” of a child?
• How can we help?

Why is the term ‘child custody’ no longer used by solicitors?

Even though it is a commonly used term, ‘child custody’ is a term that is no longer used in family law. It has been replaced by ‘Lives With’ arrangements’, referring to the home(s) that the child resides in.

Do I need to go to court for child custody?

It is a common misconception that you are required to go to court to sort out your child arrangement issues; however, this is untrue and isn’t always needed. Two parents can agree upon fair and straightforward child arrangements outside of court, either privately or through Alternative Dispute Resolution techniques (ADR). ADR is an effective means of resolving legal disputes whilst avoiding litigation, which can become very expensive and time-consuming.

ADR includes methods such as negotiation, arbitration and mediation, all of which are effective ways to come to a mutually agreeable solution to any dispute that you may be facing regarding a child arrangement agreement. Should ADR fail to yield any positive results, you may have to go to court to resolve your child arrangement issue.

How does the court decide who gets custody of the children?

Should you have to go to court to solve your child arrangements dispute, there are many details that the court will consider when finding a solution that is fair to both parties and for the children. For example, the court will consider the wishes and feelings of the child, the educational needs of the child, how old the child is, any pre-existing arrangements prior to the court hearing, each parent’s financial position and the relationship between each parent and the child.

The court will also consider each parent’s ability to meet the needs of the child, which includes their physical, emotional, and educational needs. If a parent is likely to struggle to meet these needs on their own, this will be considered when child arrangements are decided.

It is important to note that the court will never aim to separate a child from either parent unless there are serious concerns for the wellbeing and safety of the child.

How can we help?

At Clarkson Wright & Jakes, we understand how difficult divorce and separation can be, especially when it involves children. Deciding on child arrangements with your partner doesn’t have to be a stressful process. Many parents are able to agree on when the children will reside with each parent amicably, either privately or with the assistance of a solicitor.

Our child arrangement solicitors are able to provide you with exceptional guidance and support throughout this process, helping you come to an agreement that is suitable for both you and your ex-partner, as well as your children. Our biggest priority is the wellbeing of both you and your children, so we will take the extra steps to answer any concerns you may have.

If you are unable to decide on child arrangements outside of court, we are happy to represent you during court proceedings.

Contact our solicitors

Our children’s solicitors will be more than happy to answer any initial queries you may have regarding child arrangements, you can get in touch with our office in Orpington by calling 01689 887887 or emailing us at cwj@cwj.co.uk. You can also use our contact form to request a call back.