Who Gets Custody of a Child in Divorce?

For every parent going through a divorce or separation, making sure the children are well cared for and looked after is their first concern. The law prioritises the wellbeing of children too, as separating parents look to consider where their children should live and what contact they might have with the other parent.

As family lawyers in Milton Keynes, we are here to provide you with detailed guidance tailored to your individual circumstances. In the meantime, this article offers a helpful overview of some of the things to consider when thinking about your children’s future arrangements.

The use of phrases such as “live with” and “contact” have been introduced in the family justice lexicon in a deliberate attempt to reduce animosity between parents and to apply a more neutral tone to the language applied by the courts to these types of disputes – all of which is designed to minimise the conflict that children might potentially be exposed to, which is universally considered to be in their best interests.

When deciding upon the children’s future arrangements, there are some foundational questions and issues that are worth considering. These include:

1. Where should the children live?
2. Is there anything preventing the children from living with both of us, even if they do not spend an equal amount of time with each parent?
3. What contact/time should the children have with each parent?
4. To what degree shall the children’s wishes and feelings be considered in any discussions about their future arrangements?

When considering the foundational questions above, the parents should also give consideration to the following issues too:

1. Will the children continue to live in the family home and will there be any impact on their schooling by moving home?
2. What will be the impact of the change in arrangements for the children and how will they be supported through any change?
3. What will be the financial implications for child maintenance as a result of the living and contact arrangements agreed between the parents?
4. How will the parents communicate and parent together in a positive fashion?
5. Will the children’s emotional, physical and educational needs be met by the proposed arrangements?
6. Are the arrangements being proposed practical – will they stand up to a “stress test” and operate effectively around school hours, wrap around care, employment commitments, extra-curricular clubs and activities etc?

When considering those future arrangements, it is not uncommon for initial discussions to follow hot on the heels of separation, at a time when emotions can be running high. It is essential that parties give consideration to how best to achieve an agreement on future arrangements, reflecting on the various forms of dispute resolution available, in addition to whether a dispute needs judicial intervention to be concluded.

If court proceedings are required, each case will be considered on its own merits. There is no “one size fits all” that is applied to a child’s living and contact arrangements. The court is obliged to consider a series of criteria to help it make decisions in the child’s best interest. These criteria are set out in s.1(3) Children Act 1989 and known as the “welfare checklist”. If a parent is considering making an application to the court, having been unable to agree arrangements out of court with their former partner, then reflecting on the welfare checklist and considering how the court might consider their prospective application is always a helpful exercise to undertake at an early stage.

Ready to take the next step? As leading divorce and family law solicitors in Milton Keynes, our team of specialists can advise and guide you from the moment we start working with you. As well as our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.