Child Custody
CHILD CUSTODY SOLICITORS HILLINGDON
Child Custody
The process
In most cases of child custody, parents will come to their own informal arrangements and where possible this is the preferred option. It saves considerable time and money for both parties and is naturally a lot less stressful.
In coming to an agreement, parents should decide on various issues, such as where the children will be living, maintenance for the children and, if appropriate, for former spouses unable to support themselves and how much contact the partner without custody will have with their children.
Unfortunately, disputes can and do happen. Rather than going to the courts in the first instance, the first method of dispute resolution you should try and use is mediation. Mediation can be done through professional mediators and is an informal process that emphasises compromise. However, if there are particularly contentious issues, mediation may prove to be fruitless. The next and final step will be the courts, and any decision handed down will be legally binding.
Eligibility
Child custody is relevant to children aged up to 16 and up to 18 if they are still in school or university. If your children have disabilities, custody laws will apply.
The children do not have to be your biological children. If you have adopted your children or assumed parental responsibility, child custody laws will apply.
The central question
The central question that needs to be asked at all stages of the process is “what will maximise the children’s welfare?” This is a purposefully open ended question because every situation is different.
Should your case go to the court, it is likely that the court will appoint a family reporter. A family reporter’s job is to find answers to questions set by the court. Naturally, the fundamental question they will want to answer is what will be in the best interests of the children.
Evidence
If the dispute revolves purely around where the children will be living, you need to collect as much evidence as possible to that show the nature of the bond you share with your children and the significance of the role you play in their lives. If you haven’t already done so, you need to start keeping a record of all the “quality time” you spend with the children. Note the type of activity you did with your children, how much time you spent together, the date and time and, if applicable, how much money you spent. Educational and extracurricular activities are particularly relevant.
Do mothers always get custody?
It seems that when children are very young, the balance is in favour of the mother. This is because the courts tend to view children and mothers as dependents and the father as independent figures. If you are a father, the evidence you gather must focus on showing that you are not merely an independent figure and are equally, if not more, capable of taking care of your children.
With older children, the balance seems to be more equal. As the mother and child bond becomes less significant, more emphasis is placed on what the children want.