If you are going through a divorce and separation as a father, you may want to seek custody of your children. We take a look at the legal position where a father wants custody and what your options are.
The rights of a father to custody of their child
The term ‘custody’ has been replaced by the phrase ‘child arrangements’ in recognition of a more modern approach to looking after children following divorce. When making an order in respect of children, the courts will always consider what is in the best interests of the children, preferring that they have a meaningful relationship with both parents wherever possible.
This means that a father can expect to have regular contact with his children and there is no rule stating that a mother will automatically have the children to live with her. Instead, if the courts are asked to decide the issue, they will consider several factors.
Will a father be given custody?
If the court is asked to decide a child custody issue, it will look at a welfare checklist and ask the Children and Family Court Advisory and Support Service (CAFCASS) to help by visiting the family and submitting a report.
Issues that will be considered are:
- The wishes and feelings of the child, depending on their age and understanding
- The child’s physical, emotional and educational needs
- The likely effect of any change in circumstances
- The child’s age and gender and any other relevant characteristics
- Any risk of harm there might be
- The abilities of each parent to meet the child’s needs
The court will often consider that it is best for a child to continue to be cared for by the parent who has previously provided most of the care. In many cases, this is the mother, but where the father has taken on the major role in looking after a child, the court may well decide that the father should continue to do this.
Whichever parent has the main day-to-day care of the child, the court will want the other parent to spend time with the child, unless there is a good reason why this would not be desirable. Examples of situations in which the court might not allow a parent to see their child are where there is a risk of abuse or harm to the child, where a parent is not able to meet the child’s needs or where the court feels they would have a negative impact on the child.
For more information, see Fathers' Rights.
Making a parenting plan
The courts will almost always require you and your child’s other parent to try and agree child arrangements between yourselves first, to see if this is possible without the need for a hearing.
This is generally done by agreeing a parenting plan, either by negotiation through your solicitors or with the help of a mediator.
The plan can include details of which parent the child will live with, where they will live, how long they will spend with the other parent, how the child will stay in touch with their parents while they are not together and which other people the child can see. You can tailor the plan to suit your circumstances and agree separate arrangements for school holidays.
Our family law team regularly acts for fathers in negotiating child arrangements. Where agreement is not possible, we can guide you through the mediation process to try and find an acceptable solution. This will be put into a consent order and sealed by the court so that it becomes legally binding on both of you.
Where agreement cannot be reached, we can put together a strong case for court on your behalf and ensure that you are represented by an expert in child law.
For more information, see Child Arrangements.
4 Tips for fathers wanting to spend time with their children
Demonstrating to the court that you have a strong bond with your child and that you are involved in their life can help your case. Here are 4 tips on how to do that:
- Be present in your child’s life
Attending events with your child wherever possible will show that you are present and supportive.
- Maintain a good relationship with the mother of your child
Try to ensure that your relationship with your child’s mother is as non-contentious as possible. Negotiate disagreements calmly and try to be open and flexible where you can. If the court requests a report to be prepared by Cafcass, a good attitude on behalf of both parents will be appreciated.
- Make your home child-friendly
You should also make sure that your home is suitable for your child to visit and stay. This includes preparing a room for them and ensuring that the property is safe and secure taking into account their age, for example, with stair gates for younger children and broadband filters for older ones.
- Be considerate of your child when entering a new relationship
If you are considering remarrying or entering into a new relationship, you need to consider whether this is in your child’s best interests. If it is not, the court will take this into account in reaching its decision over child arrangements.
Contact our family solicitors
At Witan Solicitors, our family team represents fathers during all aspects of divorce and separation. We can advise you of your options and work on your behalf to negotiate new child arrangements.
If you would like to speak to one of our expert family solicitors, email us at info@witansolicitors.co.uk or fill in our contact form and we will be happy to discuss your situation and represent you to achieve the best outcome for you and your child. We have offices in Birmingham, Northampton and London.
