When it comes to access to children, the law looks at what is in the best interests of the child, rather than what the parents want or consider to be fair. The law encourages contact between parents and children and will only restrict access when it is not in the best interests of the child. A parent cannot refuse contact with a child unless there is a very good reason.
Custody of children and access to them
When spouses get divorced, they have to decide what happens to their children. The parent who has custody of a child will make the major decisions in the child’s life. If parents have joint custody, they both make these decisions. Access involves deciding how to allocate time spent with a child.
Residence relates to where a child lives on a permanent basis and who cares for the child. In an uncontested divorce, agreement about where children live is usually amicably decided. Net Lawman provides example texts and guidance notes to help those who want to complete their own divorce documents. There is the option of having these documents reviewed by a legal team before printing them out and signing them.
Mediation may be helpful if parents cannot resolve custody or access issues. This involves seeing a third person to help them come to an agreement. It is voluntary and less formal and stressful than going to court.
The Children Act of 1989
According to the Act, the welfare of the child is of paramount importance and factors taken into consideration when making any decisions about custody or access are:
- The feelings of the child. This depends upon the age of the child but there is no set age at which the child’s feelings become a major factor so this can be a point of contention.
- The effects of changing the child’s circumstances. The court will try to keep disruption to a minimum.
- Age, religion, background, sex, special needs and other characteristics may be deemed relevant and contestable when it comes to deciding where a child should live.
- A spouse must convince the court that he or she will be able to provide for a child’s emotional, physical and educational needs.
- The court will consider the likelihood of a child being abused sexually, physically or emotionally.
Parenting skills will also be taken into consideration, including whether the ability to care for a child is impaired in any way.
A shared residence order
Intense disputes usually end up in family court. The court always looks at the best interests of the child in deciding who a child lives with. This often results in a shared residence order made in favour of both parents and stipulates how long a child spends with each parent.
A shared order gives both parents the legal right to make decisions about a child’s life such when it comes to education and medical treatment. Both parents are responsible for working out the details based on what is best for the child.
What is a contact order?
Once residence has been decided, parents have to decide how much time they get to spend with a child. Contact can be decided amicably between spouses. This may be face-to-face or indirectly through phone calls, emails or letters. A child may stay overnight with a non-resident parent.
If parents cannot agree to contact outside of court, they can apply for a Contact Order. What constitutes reasonable contact is usually decided on a case-by-case basis. Both Residence and Contact Orders are decided on the basis of the Children Act 1989. They are legally binding and contravention can result in further legal action.