If you’re going through a divorce, then the welfare of any children involved should be foremost amongst your considerations. In fact, the system of f
If you’re going through a divorce, then the welfare of any children involved should be foremost
amongst your considerations. In fact, the system of family law in the UK is designed to prioritise child
welfare.
Exactly how it does this is something that a competent divorce lawyer will be able to talk you through.
Your circumstances might dictate that a particular kind of child custody arrangement is required. Let’s
take a look at a few of the more common options.
Types of Child Custody Arrangements
In the UK, there are four distinct types of custody to consider. These include physical custody, which
relates to the place the child lives, legal custody, which deals with how they are brought up, and full
custody, which is a combination of both. Physical and legal custody can be held jointly, or by one
party to the divorce.
Sometimes, it might be impractical for both parents to spend an equal amount of time with their child.
However, legal custody might allow for them to jointly make decisions related to the child’s welfare.
Factors Courts Consider in Custody Decisions
Sometimes, it might be difficult for a couple to come to an agreement about what a child’s future might
look like. In these cases, a court will often make a decision based on a range of factors.
Full custody is typically granted entirely to one party when the other party is deemed by the court to
be an unfit parent, with a criminal record or a history of abuse.
The wishes of the child under consideration might also be taken into account. The older the child, the
more weight their input might have on the final decision. Very young children might not understand
what they really want; a teenager might.
Judges are also obliged to avoid delay in court proceedings, since protracted divorces are bad for a
child’s welfare. Similarly, they need to ensure that any order they make is better for the child than not
giving any order at all.
Creating an Effective Parenting Plan
As part of the divorce, parents might compose a parenting plan. This is an agreement in writing that
brings together parents and any other relevant caregivers, and forces them to agree to certain
principles. It might contain schedules, and delegate particular duties.
Plans are an excellent way to deal with disputes, and to reduce the risk of uncertainty. You can find a
template parenting plan on the Children and Family Court Advisory Support Service (that’s Cafcass).
Often, the act of collaborating on a parenting plan will help you to think through what you really want
for your children in a way that an informal discussion won’t. If you want clarity on the future of your
child, and reduced uncertainty and stress for them, the right plan is often a good way to do it.
