Merton Solicitors

How do the courts decide who a child will reside with ?

In the majority of cases, it won’t be necessary for the courts to make a decision at all as the parents or anyone with parental responsibility will come to a decision themselves or through mediation. If, however, a decision cannot be made, an application for a residence order to the courts can be made.  When deciding on who to grant the order (remember shared residency orders can be made too), the courts will primarily consider what is in the best interests of the child.  To help them come to a decision, they will appoint a family reporter, formally known as a CAFCASS officer.

What is a CAFCASS officer ?

CAFCASS stands for Children and Family Courts Advisory and  Support Service.  CAFCASS officers are required to write up a report to help the courts come to a decision when granting residence orders.  They will compile their report by visiting the homes of both parents and looking at the facts as a whole, including how the child is currently cared for, how they were cared for up until the divorce and, if appropriate, the wishes of the child.

What does parental responsibility mean ?

Parental responsibility is any person who has responsibility for a child.  They are empowered to make decisions regarding the child’s welfare, such as health and education, and are also responsible for the actions of the child.  Mothers are automatically given parental responsibility upon the birth of a child.  The situation is a slightly complex for fathers.  Whilst unmarried fathers are not automatically give responsibility, by including the father’s name on the birth certificate, they can be given responsibility.

Can step-parents be given parental responsibility ?

Yes they can, so long as the persons who currently have responsibility agree to it.  This usually arises where it is more practical for the step-parent to have responsibility because they need the power to make decisions for the child’s daily care.

How are child maintenance payments decided ?

As is the case with many family issues, it is expected that the parents will try to come to a private arrangement themselves.  A formal agreement can be signed if necessary.  If no agreement can be reached, the Child Support Agency will decide.  The Child Support Agency has a standardised method of calculating payments that can be referred to even where the services of the CSA are not necessary.

Can grandparents and other relatives apply for contact orders ?

Yes it is possible for grandparents, siblings and others to apply for contact orders where they are not being allowed to see a child following a divorce.  Whilst there is no automatic right for grandparents to see their grandchildren, the courts do value the relationship they can share with a grandchild and the mutual benefit it can bring.

Are mothers always given custody?

If the child is very young, it is more common for the courts to award custody to the mother, unless it can be shown that the mother is unfit to take care of a child.  The courts take a more balanced view with older children.

If you are a father, you generally have to try and show that you are a dependent rather than independent figure for the child.  It is important to collate evidence to show how you take care of the child, the amount you spend, your influence in their education and extra-curricular activities and the amount of “quality time” you spend with the child.  If you believe the mother is unfit to take care of the child, it is also of course important to provide evidence of that.

Follow this link for the family law in Merton page or alternatively, go to the family law blog.