Child Custody Matter
The client is experiencing a child custody issue. The client's spouse left approximately six months ago, taking their child with them. The spouse has communicated to a social worker that court involvement may be necessary for the client to see the child, but no legal action has been taken by the client. The client wishes to maintain contact with their child, but has faced opposition from the spouse. The social worker has suggested that court proceedings may be required to resolve the matter.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the steps I need to take to initiate a child custody case and see my child?
To begin a child custody case, you must apply to the Family Court for a Child Arrangements Order, which specifies where your child will live and the level of contact. This application can be made using Form C100 and can be filed independently or with a solicitor's assistance. Mediation is encouraged prior to court application unless specific exemptions, like domestic abuse, apply. The typical court fee is around £232, with potential fee assistance available. Gather evidence of your relationship with your child and relevant communications to support your case during the proceedings.
How will the court decide on custody arrangements in my situation?
The court's decision will be based on what is in the child's best interests, examining the child's welfare, the stability of each parent's home, and the relationship between the child and each parent. Factors such as each parent's capability to fulfill the child's emotional, physical, and educational needs will be considered. Evidence of your involvement in the child's life and existing arrangements may also play a role, alongside any safety concerns.
What factors could influence the court's decision regarding custody?
Key considerations for the court include the child's best interests, their wishes and feelings, age, and any pertinent characteristics. The court will assess each parent's ability to provide for the child's overall needs and any risks of potential harm. The child's relationship with each parent and the consequences of changes in their circumstances matter significantly. Stability in the living arrangement is generally favoured, and the capacity for future cooperation between parents is also a consideration.
Are there any temporary orders I could apply for to see my child while the case is ongoing?
You may pursue a Child Arrangements Order (CAO) provisionally to allow contact with your child during ongoing proceedings. The court can establish interim arrangements if you show that your contact is beneficial to your child. Ensure prompt action, particularly if a considerable time has passed since seeing your child, and consider a Prohibited Steps Order to prevent any unilateral changes. Legal advice may assist with your application.
Can I negotiate a custody agreement without going to court?
Negotiating an agreement outside of court is possible through mediation or collaborative law. Mediation employs a neutral third party to facilitate discussions between you and your spouse, aiming for a mutually beneficial arrangement. This method often proves to be less contentious and quicker than court proceedings. Collaborative law allows each party to engage their own solicitor to collaboratively resolve issues. It's crucial to document any agreement in a Parenting Plan or Consent Order to ensure it is legally binding.
