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In the United Kingdom, the term 'child custody' has been replaced with the terms 'parental responsibility,' 'residence' (who the child lives with), and 'contact' (the time spent with the non-resident parent). By default, parents have equal legal rights to their child and decisions related to the child’s upbringing such as education, healthcare, and religion should be made mutually. However, matters can become complex when parents separate or divorce. In such situations, detailed arrangements have to be made for the child’s upbringing, determining who will have primary residence for the child, and how much contact the other parent will have.
While some child custody cases can be resolved amicably between both parents, others may require legal intervention. If parents cannot agree on the arrangements for their child, it may be necessary to seek a court order. Legal advice is also needed when parental rights are being challenged, cases concerning international or inter-state abduction, instances of suspected child abuse, or when one parent is blocked from seeing their child.
In Liverpool, as is in the rest of the United Kingdom, the child's best interests are of utmost priority to the court. When making decisions related to residence and contact, the court considers the child’s physical, emotional, and educational needs; the potential effect of a change of circumstances on the child; the child’s age, sex, background, and relevant characteristics; any harm the child has suffered or is at risk of suffering; and how capable each parent (or other relevant person) is of meeting the child’s needs.
No, mothers do not automatically get residence of their children. The decision of who gets primary residence is based entirely on the child's best interest.
Father’s rights are the same as mother’s rights in terms of child custody. However, for unmarried couples, the father doesn't automatically have the same legal rights as the mother.
A family-based arrangement is where you and the other parent agree on who will pay child maintenance and how much they’ll pay, without needing to involve the CMS.
If the terms of an order are broken, the court can enforce the order by way of fines, community service, or imprisonment for breach of an order.
Grandparents do not have automatic rights, but they can apply for permission (leave) to apply for a child arrangements order.
The Ministry of Justice, Child Maintenance Service, Citizens Advice, and The Family Rights Group are critical resources offering help to parents dealing with child custody. Liverpool Law Society also has a list of local family law practitioners.
Any parent who needs legal advice regarding child custody should consult with a legal professional in Liverpool. Legal aid may be available for those who qualify. To ensure your child's best interests are at the forefront of all proceedings, seek legal advice at the earliest stage possible.
