However, following the Children and Families Act 2014, there is now a clear presumption that children will benefit from spending as much time with each of their parents as possible. Provided the father has parental responsibility, there is nothing in the law that states a mother or father has the right for the child to live with them specifically and instead focuses on Shared Care Arrangements.

What are Shared Care Arrangements?

The Family Courts are now trying to promote shared care for both parents, as opposed to sole residence, as this is generally considered best for the child/children. This means that the child shares his or her time with both parents and effectively has two homes. This does not always need to be decided by a Court if the parents are able to agree on the arrangements for where a child should live. If parents cannot agree between themselves, they should consider attending mediation sessions to work towards resolving the disputes out of Court. Only if an agreement cannot be reached at mediation should the final course of action be asking the Court to decide. It is here that the Court will consider a variety of evidence and can make a Child Arrangements Order which is a legally binding document setting out how a child spends time with each parent.

Shared Care Arrangements - Does the Court automatically side towards Mothers?

Fathers tend to worry about contact with their child/children becoming limited after a breakup and assume the Court will automatically side with the mother. Ultimately, the Court will make its decision based on what is best for the child. The starting point is that both parents will spend time with the child/children. The Court will then take into consideration factors such as accommodation meeting the child’s needs and the parents financial and physical ability to provide for the child etc. The Court will also consider what the child/children want by looking at their age and their emotional bond with their parents. Parents need to show that they are capable of meeting the children’s needs and the children’s lives would be better if they were to live with that parent.

Every case involving children is different and there are several different considerations which will influence the Court’s decision. Most importantly, the best interests of the children need to be protected.

If you would like to find out more about this blog, please contact me on 01283 561531 or at l.watson@timms-law.com