Couples that decide to divorce can go through a roller coaster of different emotions – but it lands the most significant impact on the life of their children. That’s why the welfare of the children is always considered as the primary priority when dealing with divorce cases or separation.
Couples that have a mutual appreciation of the agreement terms are likely to settle things more amicably with a more straightforward process, but those who are at odds could have to settle matters in court. However, involving the court to ease tense disputes are often rare in the United Kingdom since the agreements on child custody in this country are most often decided between the parents.
Understanding the Basics of Child Custody in the United Kingdom
As mentioned above, the approach to child custody in the U.K. is quite different from those in the USA, Canada, and Australia. Parents are given the responsibility to decide on the child’s best interest with little-to-no involvement from the courts, but they are required to be present in financial arrangements (Ancillary Relief).
With that in mind, divorcing couples can file a “Statement of Arrangements for Children,” which includes the following:
– Where the child will live;
– Where the child will go to school;
– How much time the child spends with each parent;
– How each parent will divide financial responsibilities;
If both parents agree on the major terms above, you don’t need to go to court as a family solicitor is enough to make your agreement legally binding. If there are any arising disputes, ex-couples can refer to family law mediation first as a cost-effective alternative to court. If all else fails, that’s when the court can intervene and decide the child’s best interests.
Improving Your Chances of Getting Custody
If the divorcing parents can’t reach a good compromise and it’s looking like the court may need to get involved, there are factors you need to fulfill appropriately if you want to tip the favors on your side of the bargain. This includes demonstrating a strong relationship with the child, having the time and means to be present at key events, showing financial support by paying for child maintenance, and being mature enough to remain respectful to the other parent.
The Bottom Line: Moving Forward with Your Child Custody Strategy
Child custody in the U.K. follows a looser and family-oriented approach wherein parents are allowed to decide on an agreement for their children’s welfare. The court is the last recourse, making it an ideal situation for both parties.
Nonetheless, child custody is still a complex matter that requires the advice of a family solicitor and also to ensure your agreement with your ex-partner is recorded correctly should there be any problems in the future. There are still cases wherein the court needs to step in to break the deadlock between the divorcing couple. The court’s decision is primarily influenced by where the child should reside based on their best interest, and their right not to be separated from his parents against their will.
Whether or not you’re working hard with your ex-partner on setting fairgrounds for each other, it’s best to have a family law solicitor to guide you through the ideal custody arrangement.
If you’re filing for a divorce and want to understand more about child custody arrangements in the UK, check us out at LawOn. We offer legal advice online from qualified solicitors across the UK!