Understanding Child Custody in the UK
Child custody refers to the legal relationship between a parent or guardian and a child in the context of a family law case. It encompasses the right to make decisions about a child’s upbringing and the physical care and supervision of the child. In the United Kingdom, the Children Act 1989 governs child custody matters, with the main principle being that the child’s welfare is of paramount consideration.
Types of Child Custody
In the UK, there are two types of child custody: legal custody, which refers to the right to make important decisions about a child’s upbringing such as education, healthcare, and religious upbringing, and physical custody, which refers to where the child lives and who is responsible for their day-to-day care.
When Parents Disagree on Custody
The courts in the UK prefer for parents to reach agreements about child custody and parenting arrangements, but if they are unable to do so, the court will make a decision based on the child’s best interests. You can learn how this decision is made in our guide to the child’s best interest in family court. It is important to seek legal advice as early as possible if you are involved in a child custody case.
Importance of Contact with Both Parents
Both parents have a legal responsibility to maintain contact with their children unless there are compelling reasons not to do so. Parents can try to come to an agreement about contact arrangements or apply to the court for an order setting out the terms of contact. See our breakdown of how to secure a Child Arrangements Order if contact is being blocked. The court will consider the welfare of the child and the circumstances of the case and may make an order for supervised contact if there are concerns about the child’s safety. It is important to remember that the court’s primary concern is the welfare of the child, and any decision about contact will be based on what is in the best interests of the child.
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