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Free Guide to Hiring a Family Lawyer
In the UK, the legal term for child custody is Child Arrangements Orders. This type of order outlines where a child should live, how and when a child should spend time with parents, and when and what other types of contact, such as phone calls, can take place. These orders are not always required, especially if both parents can agree on arrangements. However, if there is a dispute, an order from the court may be necessary.
Often disputes regarding child custody can become complex and emotionally intense. Many people hire solicitors or Barristers to help navigate the challenging legal territory surrounding child custody. Legal advice is particularly advantageous if there are hardships, such as domestic violence, issues with international jurisdiction, or if a child's safety is at stake. An experienced lawyer can help represent your best interests and those of your child.
Child custody law in Southampton falls under the broader scope of the UK's family law. The main governing legislation is the Children Act 1989 which stipulates that the child's best interest is always the top priority in all decisions relating to children. This principle implies that the child has the right to have a relationship with both parents unless it endangers their welfare. Other factors such as the child's wishes and feelings, age, and understanding, the likely effect of a change in circumstances, risk of harm, and the ability of parents to meet the child's needs are also considered in decision-making.
Yes, both fathers and mothers have an equal opportunity to obtain custody of their child in Southampton, as long as it is in the best interests of the child. Courts consider many factors when determining the best interest of the child, including the ability of each parent to meet the child's needs.
While there is no rigid rule, as a child gets older, the court gives more weight to their wishes and feelings. However, the court ultimately bases its decision on what it believes are the best interests of the child.
Under the Children Act 1989, grandparents can apply for a Child Arrangement Order to gain access or custody, but they must first acquire permission from the court to do so.
Yes, custody arrangements can be altered if both parents agree to the changes or if circumstances change significantly. If parents can't agree, they may need to return to court for modification of the order.
The initial step is to try to agree on the arrangements with the other parent. If this isn't possible, you can apply for a Child Arrangements Order from the court. Before you do this, however, you must attend a ‘Mediation Information Assessment Meeting’ (MIAM). This session will provide you with information about mediation, which is often a cheaper and less stressful option than court.
The Southampton Law School offers free initial advice on family law issues via their legal advice centre. Additionally, the Citizens Advice Bureau can provide free, confidential advice. National resources include the Child Law Advice Service and Coram Children's Legal Centre, both offering extensive information on UK law affecting children and young people.
If you need legal assistance for child custody matters in Southampton, begin by finding a reputable family law solicitor. Ensure you have all your relevant documents ready such as birth certificates, previous court orders related to the child, evidence of your child's situation etc. Attend your initial meeting prepared with questions and be ready to discuss your situation in detail to receive the best possible advice.
