What are the reasons why some parents do not get joint custody?

What is the law on child custody?

The Custody of Children Act 1891 largely centres around the wellbeing of child or children in question. In circumstances where a child arrangement order is required, the court will take several factors into consideration 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

The law states that courts should refrain from issuing orders related to children unless such intervention is in the child or children’s best interest. In light of this, courts encourage parents to reach solutions collaboratively where possible, resulting in amicable conclusions and arrangements.

What could stop a parent getting joint custody?

When deciding on a custody arrangement for a child, the courts will consider:

• The child’s wishes, thoughts, and feelings, considering their age and comprehension.
• The child’s physical, emotional, and educational needs.
• Potential impact on the child in the event of a change in circumstances.
• The child’s age, gender, background, and other pertinent characteristics.
• Any actual or potential harm to the child.
• The parents’ ability to cater to the child’s needs comprehensively.

Based on the above, the court will make a decision on child custody that is in the best interest of the child's happiness, wellbeing, and safety. If one parent were to exhibit behaviours, or has previously exhibited behaviours, that show they are not the best choice the child, the court may decide to give sole custody to the other parent.

Do I need a child custody solicitor?

Specialist family law solicitors can assist in negotiations between parents, arranging mediation and advising on applications to the court. A child arrangement solicitor will also be able to guide you through the process and will provide representation for your case.

When disputes arise between parents, it can be helpful to have someone outside of the relationship to help you navigate through the conflict and provide you with the best legal advice on moving forward, keeping the needs of your children at the forefront.

Our specialist child custody lawyers have extensive experience and are able to offer specialised care as leading experts in their field.

Call us on 0330 041 5869 or contact us online.