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I’m getting a divorce, who gets custody of my children?

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Deciding where a child should live in the event of a marriage breakdown can often be a complicated issue.  In England the court doesn’t automatically become involved in making arrangements. It is left to the parents to decide between them.

For the most part this can work very well, but often no agreement can be reached, in which case either parent can then apply to the court for a Residence Order, and it is then that the court will be asked to decide.

Before making a decision as to which parent is best suited to have principle care of the child, the court must consider a number of factors.

Some of the more important are:

  • What are the child’s own wishes and feelings? More weight will usually be given to the child’s feelings the older the child is.
  • What are the child’s physical, emotional and educational needs, and which parent is best suited to care for these needs?
  • What is the likely effect on the child of any change in circumstances?  If a child has already been living with one parent after the separation, then it may be very difficult to persuade the court that this should be changed.
  • The child’s age, sex, background and any characteristics of the child which the court considers to be relevant.
  • Any harm which the child has suffered or may be at risk of suffering.
  • How capable is each of the parents of meeting the needs of the child in question, bearing in mind all the circumstances of the case?
  • Usually at the end of the process, the court will decide that the child will live with one parent and have contact with the other.

If you would like to discuss this or any other family law matter, please contact Damian Baron on 01772 258321, or at damian.baron@harrison-drury.com


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