Sadly not all relationships or marriages work in our favour. Even where children are not involved, this can be a difficult situation, but the involvement of children can make matters considerably more complicated with regards to child custody.

While the term child custody was used for many years following a divorce or separation, it’s no longer an officially used term by the family court, instead replaced with “to live with”, or more often referred to as child residence arrangements.

Here we discuss what child custody was, why the term child custody is no longer used in the UK, who receives child residence arrangements following a separation or divorce and whether you need a solicitor’s assistance.

What was child custody?
Child custody once referred to where a child or children would predominantly live and the amount and type of contact each parent was entitled to. The parent who the child or children primarily lived with would have main control over the day to day decisions concerning them without the need to consult the other parent.

The meaning behind child custody has largely remained the same since the introduction of the Children Act 1989, with the one key change being to the term ‘child custody’, which is now referred to as child residence arrangements due to the term being viewed as outdated. The act also introduced parental responsibility, meaning those who have parental responsibility must agree on decisions in addition to sharing responsibility and rights towards the child.

Why is child custody no longer used?
Child custody didn’t provide parents with the opportunity to co-parent. The change to the law and wording now allows parents to work together to find the most suitable way to raise their child or children, with their best interests at the centre of every decision.

Additionally, child custody provides only the parent with custody the right to make important decisions regarding the child, whereas with the change in law and term if both parents have parental responsibility for the child, important decisions cannot be made without the consent of both parents, this includes for matters such as:

• Changing the name of the child
• Moving the child abroad
• Putting the child up for adoption

Who will have child Residence arrangements following a divorce or separation?
Exactly who will be awarded child residence arrangements entirely depends on the case’s circumstances and whether the arrangement can be agreed upon by the parents or by the court through a child arrangement order.

Parents who have divorced or separated are initially encouraged by the courts to seek child residence agreements without the assistance of court unless there are safeguarding concerns.

Making child residence arrangements through private negotiation or family mediation gives parents more free reign over the decision and can allow for an equal 50/50 shared custody arrangement, better known as joint residency, meaning both parents can care, have responsibility and spend time with their child or children equally.

In circumstances where a child arrangement order is required, the court will take a number of factors into consideration before deciding which parent is awarded the child arrangement order, including

• The child’s wishes and feelings
• The child’s physical, emotional and educational needs
• The child’s age
• Pre-existing arrangements
• The position of the parent

Do I need a solicitor for a child residence arrangements matter?
You don’t necessarily need a solicitor’s help when making child residence arrangements between yourselves, but where disagreements arise, it is highly advised.

A solicitor can push you towards out-of-court tactical approaches with their advice and guidance, such as family mediation, where a neutral third party will listen to each side and push parents towards making an amicable agreement which suits everyone involved.

If you cannot come to an arrangement with your ex, you will need to apply to the court for a child arrangement order. In instances like these, it’s highly encouraged to have the help and preparation of a family law solicitor who has worked with clients in similar circumstances to your own.

Contact our child arrangement orders solicitors in Canterbury
To get in touch with one of our child arrangement order specialist lawyers, please call us on 01227 813400 or email canterburycs@boysandmaughan.co.uk for our Canterbury office. If you live on the Isle of Thanet or elsewhere, the best number is 01843 234000 or email family@boysandmaughan.co.uk. Alternatively, you can look up all our family law specialists and choose who you would like to speak to, or fill in our simple online enquiry form on this page to request a call back.