Child custody law

What is child custody law?

Child custody law determines who should be responsible for the care and well being of a child following separation or divorce.

When does child custody law apply?

Parents should always try and come to an agreement about contact with their child between themselves first. But, if you can’t reach an agreement, the courts can decide on your behalf.

If you are thinking of applying for custody of your child we can direct you to an experienced child custody solicitor who can discuss with you the best course of action and answer any questions you may have regarding child custody law.

What orders can be made under child custody law?

Some of the orders you can apply to the court for under child custody law are:

• Joint custody order
• Residence order
• Contact order
• Prohibited steps order
• Specific issue order

What happens if you go to court?

If you go to court you will need to explain your reasons for wanting custody.  This is done in front of a ‘family panel’, which usually consists of three magistrates.

The magistrates will ask each parent questions about why you want custody and what your proposed arrangements would be. They will ask about how you will care for and provide for the child. The solicitors for the other parent can ask questions about your lifestyle, finances, home arrangements, etc. They may also bring up any potential problems, such as violence, neglect and poor communication.

A court welfare officer may be appointed to assess your family home life and provide a report to the family panel on how you care and interact with your child. They may also speak to your child to learn where they would like to live and why.

Do you need a solicitor?

Under child custody law the family panel’s decision is legally binding and unless you appeal, you must follow the terms set out in the custody agreement.

So, it is highly advisable to get legal advice from a family lawyer. Having a family lawyer represent you in court will greatly improve your chances of obtaining custody of your children in court.

We can put you in touch with a family lawyer today.

If you would like to obtain advice on a child custody matter, then Contact Law can put you in touch with a local law firm with specialist family solicitors free of charge. Please call us at 0800 1777 162 or complete the web-form above.

Last Updated on 16/02/2012