Making child arrangements can be one of the hardest parts of divorce. It’s emotionally challenging and can cause major conflict between parents. The primary concern of family courts is the welfare and best interests of the child.
It’s usually in the child’s best interests for the parents to work together and make arrangements between themselves. But with all the high emotions involved in a divorce, it’s not always possible for parents to agree on next steps when it comes to child custody. As such the UK courts have a range of legal orders to address different aspects of child custody.
Orders are expensive and binding and you’ll need specialist children law solicitors to advise you. Before an order is put in place both parents will have been expected to attempt alternatives such as mediation, unless mediation is not appropriate, before a court hearings.
Types of Child Custody in the UK
A Child Arrangement Order (CAO) is the UK’s standard legal arrangement for defining custody. The CAO can cover several aspects of care such as who the child will live, and the structure of the schedule if shared residence is in place. It might outline visiting arrangements and communication schedules with the non-resident parent.
Prohibited Steps Order
This restricts a parent from making certain decisions, such as taking the child out of the country, without court approval. It’s used in situations where one parent’s actions could impact the child’s welfare.
These might include relocating the child, changing the child’s name, moving the child to a different school, limiting contact with a specific person, and deciding on a child’s medical treatment.
A PSO is usually sought when there is a concern that a parent’s decisions could negatively impact the child’s welfare. The court will only grant a PSO if it is in the child’s best interests.
Specific Issue Order
A specific issue order, also known as a section 8 order, applies to particular issues when parents can’t reach an agreement. For example:
- The child’s school
- If the child should have a religious education
- First or surname changes
- Medical treatment or surgery
- If the child should be taken abroad
- Preventing certain people’s contact with the child
Again, the court’s main concern is the child’s welfare. Before you can make a specific issue order you’ll have to have attended an initial mediation session with a family mediator, unless you’re in an exemption category.
Factors UK Courts Consider in Child Custody Cases
Courts use the child welfare checklist before to changing or making any court orders regarding a child and their living situation. The child welfare checklist is a legal list of considerations for decision-making under the Children Act 1989, for example:
- Child’s Needs
The court assesses what the child needs to thrive, including emotional, educational, and physical needs.
- Child’s Wishes
While younger children may not have a strong say, the preferences of older children are taken seriously. The older and more mature the child, the more weight their wishes may hold.
- Parental Cooperation
Courts look for parents who can demonstrate a willingness to work together. The ability to communicate and collaborate shows that the parent can prioritise the child’s well-being.
- Risk of Harm
Any history of abuse, neglect, or violence can heavily influence the court’s decision. They prioritise protecting the child from harm.
Alternative Dispute Resolution (ADR) Options
Court should always be a last resort. Alternative methods avoid the stress and cost of a court battle, and a judge may have expected the parents to have attempted at least mediation before any court hearings.
Mediation
Mediation allows parents to discuss custody terms with a neutral mediator. Many UK courts require mediation attempts before a case is heard in court, unless there are exceptional circumstances such as domestic abuse.
Collaborative Law
In this approach, each parent has a lawyer, for example these solicitors in Ipswich who specialise in this area, and all parties commit to finding a mutual agreement outside of court.
Family Arbitration
Arbitration is a confidential process that involves a third-party arbitrator who can make a legally binding decision. It’s typically faster and less formal than court.
Going to Court
If ADR doesn’t lead to a solution, here’s what to expect from the court process:
Filing the Application
You’ll need to apply to the court if you and your ex-partner cannot agree on arrangements. This involves submitting a “C100” form.
Court Hearings
The process usually starts with an initial hearing, followed by additional hearings as needed. The goal is to resolve the case as quickly and fairly as possible.
CAFCASS
The Children and Family Court Advisory and Support Service (CAFCASS) plays a key role in child custody cases. They assess family dynamics and provide recommendations to the court on what arrangements would serve the child’s welfare.
Final Thoughts
Always keep your child’s best interests in mind. Courts notice when parents prioritise their child’s needs over their own. Record your role in the child’s life. Include school pickups, extracurricular activities, and more. This demonstrates your commitment to being a stable, active parent. Each decision and interaction with your ex-partner affects your child’s long-term emotional and mental wellbeing. Focusing on cooperation with the other parent can help ensure a smoother process.
