Children (Custody, Residence & Contact) - Myths
As Divorce and Family Law Solicitors we often come across a number of “myths” or misunderstandings about how the law works with regards to the arrangements for children. It can be a complicated area of law and you should always take specialist legal advice tailored to your individual circumstances. Here are a few of the Myths that we encounter;
The Court always want the children to live with their mother?
The law does not favour mothers over fathers and there is no presumption that the children should live with their mother. In any children dispute the court's paramount consideration is the welfare of the child.
The Court will resolve the arrangements for the children on divorce?
The Court on divorce do not intervene with the arrangements for the children. The divorce process is essentially a paper exercise and if the Court’s intervention is required with child arrangements a separate application will need to be made. Our team of family solicitors have a wealth of experience to guide you through that process.
My ex-partner is threatening to pursue full custodial rights over our child?
In English law the concept of “custodial rights” does not exist. Where both parent’s share parental responsibility for a child their role in respect of that child’s life is equal. The Court can be asked to regulate and stabilise the arrangements for a child though a Child Arrangements Order. The Court have to be satisfied that it is better for a child for an Order to be made than not. There is a presumption that it is in a child’s best interests to have a relationship with both parent’s and this will only be restricted if there is evidence of physical or emotional harm.
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