After a relationship breakdown, agreeing child custody arrangements is one of the most important, and potentially tricky, issues to agree.
Child custody arrangements – timing
When getting divorced, you must complete a Statement of Arrangements which amongst other information, contains details of how the parents would like to arrange custody of their children.
If both parties agree and the Court is happy with the arrangements, then the Courts are very unlikely to interfere.
It is nearly always best to agree, outside of Ccourt, however it is sadly not always possible for the parents to agree on child custody. If the parties cannot agree, the Court can be asked to settle the dispute. This can happen as part of a divorce or where the parents are unmarried.
The process involved in applying for child custody
Normally, after applying for a Court order, both parents will be asked to attend a meeting with the judge. The Courts usually suggest that the parents use mediation to agree a solution, as the alternative of going to Court is a traumatic event for everyone involved. Also, agreements which are made by mutual consent rather than imposed are also more likely to be honoured by the parents.
The downside of mediation is that it can be stressful for the parents to have to meet regularly. However, if either parent refuses to attend mediation, they may face cost consequences.
CAFCASS & Child Custody
Normally, an officer of The Children and Family Court Advisory and Support Service (CAFCASS) will also attend the mediation meetings.
If the parents cannot reach an agreement then the judge normally requests a Court welfare report. It is the CAFCASS officer’s job to write this report and they will meet with the parents, the child and any relevant people such as teachers and doctors.
After three to six months, the judge will arrange a hearing to explain their decision, which will usually follow the recommendations of the welfare report. The best interests of the child will always be at the forefront of any decision.
How Nelsons can help
Nelsons have a team of specialist Family Law Solicitors including those specialising in child custody arrangements and Child Arrangement Orders. If you need advice in these areas of law, please call 0800 024 1976 or contact us via our online form.
The Government has a child maintenance calculator to help parents calculate the likely child maintenance payable.