When determining child custody and visitation rights with a view to granting a Residence ot Contact Order during a divorce in England and Wales, the court’s primary consideration is the best interests of the child. Several factors are taken into account to make this determination. Here are some key factors considered:
Child’s Welfare: The court’s paramount concern is the welfare of the child. They will assess the child’s physical, emotional and educational needs, as well as any special requirements they may have.
Parental Involvement: The court recognises the importance of maintaining a meaningful relationship with both parents, unless there are exceptional circumstances that would make this detrimental to the child’s welfare.
Parental Capability: The court will evaluate each parent’s ability to meet the child’s needs and provide a stable and nurturing environment. Factors such as parenting skills, mental and physical health and lifestyle will be considered.
Child’s Wishes and Feelings: Depending on the child’s age and maturity, their wishes and feelings may be taken into account. However, the weight given to their preferences will depend on their age and understanding of the situation.
Relationships with Siblings and Extended Family: The court will consider the importance of maintaining relationships with siblings, grandparents and other significant family members, as long as it is in the child’s best interests.
Domestic Violence or Abuse: If there is evidence of domestic violence or abuse, the court will prioritise the safety and well-being of the child. In such cases, contact arrangements may be supervised or restricted to ensure the child’s protection.
Parental Cooperation: The court will assess the ability of each parent to cooperate and facilitate a positive relationship between the child and the other parent. A willingness to promote the child’s relationship with the other parent is generally viewed favourably.
Stability and Continuity: The court will consider the child’s need for stability and continuity in their living arrangements, school and social environment. Disrupting the child’s routine and stability may be avoided unless there are compelling reasons to do so.
It is important to note that each case is unique, and the court will consider all relevant circumstances when making decisions about Residence Orders and Contact Orders. The court’s primary focus is on ensuring the child’s well-being and promoting their best interests throughout the divorce process. Seeking legal advice from a qualified family law solicitor can help navigate the complexities of child custody and visitation matters.
At Alexander JLO we have a committed team of expert divorce lawyers willing to assist you. For a free, no obligation consultation why not give us a call on 020 7537 7000 or email peter@london-law.co.uk and see what we can do for you?
This blog was prepared by Guy Wilton on the 22nd February 2024 and is correct at the time of going to press. Guy lives on The Wirral and works in Liverpool. Guy and his team will be managing all work locally and have wide experience of acting for the firm’s clients, their family and their businesses. Guy’s experience as a lawyer started in the Northern and Welsh Circuits, including the Liverpool Courts, where he represented numerous clients as an advocate in Civil proceedings after being called to the Bar, before opting to join Alexander JLO in 2017 and qualifying as a solicitor in 2024.
Guy’s profile on the independent Review Solicitor website can be viewed here.