Understanding British child custody
The vast majority of Family Mediation Brighton situations involve kid arrangements. This may involve where children will reside or how often and for how long they will spend time with each parent. Numerous parents refer to this as “custody,” but this term is no longer used in family court. The courts now use a more inclusive term: Child Arrangements Order.
The Child Arrangements Order may address a variety of issues concerning the care and raising of your children. Regarding child custody, the order may define where the kid will reside, with whom they will spend time, and for how long. This is characterised as a “spend time with order” or “live with order.” This does not mean that custody has a different meaning than when it is used, but it is not a formal phrase.
Disputes about child arrangements (or custody) can emerge following the dissolution of a partnership. The unpredictability of a divorce or separation raises a variety of issues regarding the future; the children frequently take precedence. Remember that independent, peaceful resolution is not impossible! For others, though, third-party assistance is required in order to proceed.
Family Mediation Brighton is usually the initial step in determining where and with whom children will reside, as well as with whom they will spend time and for how long. However, if this fails, you will have to go to court as your final option.
Family Mediation Brighton is a process in which an accredited family mediator assists you in exploring child-related suggestions and reaching agreements. You, the parents, are in charge throughout the mediation process; you make the decisions. Your mediator will never make choices for you, but will promote productive conversations so that you may achieve an agreement. In addition to providing you with legal knowledge (not advice! ), the mediator will advise you on how to transform your agreements into legally enforceable orders. In this regard, the result of mediation is comparable to a court ruling; child custody problems can be lawfully resolved.
Family Mediation Brighton is far less stressful and less time-consuming than going to court; it is also considerably cheaper! In addition, financing is accessible via Legal Aid and the Family Mediation Voucher Scheme.
If Mediation Brightonfails, you will be allowed to file a court petition. You can submit a request for a child arrangements order by completing Form C100.
In court, the presiding judge is responsible for making decisions. The court will listen to both parties and then issue an order resolving the custody dispute. It is essential to recognise that this order may not be exactly what you desire, and that it will be legally enforceable.
If you initiate court procedures for a child arrangements order, the Court will consider a variety of factors before rendering a decision. The first concern is your child’s wellbeing. The legislation stipulates that “the wellbeing of the child is essential.” In reaching these determinations, the Court will consult a so-called welfare checklist.
The checklist, which may be found in Section 1 of the Children Act of 1989, outlines a number of elements the court must evaluate before making an order; these are:
- The desires and emotions of the kid (given the child’s age and level of comprehension).
- The child’s physical, emotional, and educational requirements.
- The probable repercussions of any change in conditions on the kidThe child’s age, gender, culture, religious background, and any other pertinent attributes.
- Any injury the kid is experiencing or is at danger of experiencing.
- The capacity of the parents (or any relevant individual) to satisfy the requirements of the kid.
- The authority of the court in connection to the proceedings.
What kinds of agreements and orders are possible in child custody disputes?
Whether through Family Mediation Brightonor the courts, comparable solutions can be reached. At mediation, you will reach an agreement that you may turn into a legally enforceable order through a consent order, whereas a judge will issue an order in court.
What if one parent is the primary caregiver? Living with and spending time on orders.
Sometimes, for a variety of reasons, a 50/50 split is inappropriate. This might be due to employment obligations, the wants or sentiments of the children, the fact that one parent has been the primary caregiver, etc.
During Mediation Brighton, we will examine a number of viable options for you and your family. We may find particular difficulties with these suggestions and determine how to make them functional. All of this is done with a focus on the individual, since who understands your family’s needs better than you?
With the decrease of the term “custody” and the rise of terms like as “residence,” “spending time,” and “shared care,” it appears that the fact that you may not spend equal time with your children does not always imply that you have less responsibility.
The Children Act of 1989 defines responsibility for a child as “all the rights, obligations, rights, responsibilities, and authorities that a younger person has in reference to the kid and his property.” The child’s mother automatically has parental responsibility; fathers will have parental duty if
The child’s mother automatically has parental responsibility; fathers will have parental duty if It is possible to learn more about parental responsibility. If you are a father who is unmarried to the mother of your kid.
In this regard, if you have parental responsibility for your kid, you will have the corresponding rights and duties, regardless of the amount of time the children spend with you. Consequently, having a child arrangements order in which the children spend more time with one parent than the other does not constitute “custody” in the traditional sense.
A contract of this effect may be drafted as follows:
The children spend time with Parent 1 on Wednesdays after school until 7:00 p.m. throughout the first week. The children are thereafter under the care of Parent 1 from Friday after school until Sunday evening.
The children spend time with Parent 1 on Wednesdays from 3:00 to 9:00 p.m. throughout Week 2.
Parent 1 and Parent 2 agree to communicate with one another on significant events, such as the education and health of the children. Parent 1 receives school messages and can attend parents’ nights. Even if Parent 1 does not have “custody” in the traditional sense, they continue to be actively involved in their children’s care and development.
The Parenting Strategy
The above configurations are only samples; there are several additional choices and recommendations to investigate. In Family Mediation Brighton, it is commonly stated that parents should “create a package” of what works for them and their family. Typically, this is translated into a document known as a Parenting Plan. Parenting Plans are frequently drafted as a consequence of conversations and agreements reached during mediation, and can subsequently be submitted to the court to become a legally enforceable order.
A Parenting Plan is a document that details all aspects of the care and development of your children, including where they will live, with whom they will spend time and for how long, where they will go to school, future plans, health care, international vacations, etc. It is a very helpful document for recording judgments and agreements that not only resolve the current conflict, but also ideally prevent future disagreements.
What should my next step be regarding child custody?
If you are involved in a custody issue, you should first attempt to resolve it on your own. If this is not possible, Family Mediation Brighton should be considered. The initial step will be to attend a Mediation Information and Assessment Meeting (MIAM), where you will meet with one of our licenced mediators to examine your case and determine if mediation will be effective. If so, we will extend the opposing party an invitation to attend their own separate MIAM. If this is successful, we will go on to joint mediation sessions where suggestions can be examined, with the assistance of your mediator.
If you do not believe mediation would be effective, you should be aware that you will be required to attend an MIAM before filing a court application. This is due to the legal need that mediation be sought prior to filing an application.