Child custody laws


Child custody laws determine which of the divorcing parents should have the legal responsibility for caring for the couple’s child or children. In the court’s view it is best if both parties come to a mutual understanding regarding matters of child custody and visitation, but the court will make such decisions that are necessary if no agreement can be reached.

Child custody laws give the court the right to make several different orders, depending on the facts of the case. A joint custody order would allow both parents to have parental responsibilities, whilst a residence order would give one parent physical custody of the child. Other orders are known as a contact order, in which the terms of a parent’s permission to contact the child are listed; a prohibited steps order in which specific actions are prohibited; and a specific issue order which relates to actual matters in the child’s life (e.g. schooling).

Child custody laws are normally implemented by a family panel which is usually made up of three magistrates. The panel seeks to determine first and foremost the welfare and best interests of the child. It will examine each parent’s arguments for why they should be chosen as a primary parent.

A child custody case is probably one of the most emotionally charged of all court hearings. If you are in the process of applying for custody of your children it is vital that you understand completely the way in which child custody laws will affect your case. Speaking with a solicitor about your situation can ensure that you present your case to the panel in the most effective way.

If you would like to obtain legal advice on child custody laws, Caven can put you in touch with a local family/ child custody solicitor free of charge. So, if you have any questions or would like our help in finding local family / child custody solicitors please call us on 08001 221 2299 or complete the web-form above.

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