How to get joint custody of my child uk
Fathers Rights | Child Custody
Child custody arrangements can be extremely difficult to tackle when two people have gone through the ordeal of a divorce or separation.
The individual who will be granted responsibility for the care of a child is determined by child custody law in the UK. In most cases, child custody is granted to the mother, and the father has his contact rights and arrangements set out.
However, a number of organisations are trying to increase the prominence of joint custody in the UK to ensure that fathers are allowed greater contact with their children following a relationship breakdown.
As long as a parent has parental responsibility, he or she should have an opportunity to be involved in the making of important decisions about their child’s life, such as when the child spends time with each parent and other important people in their lives. A Cordell & Cordell Child Custody Lawyer makes it their mission is to protect these parental rights, establishing a playing field that is fair to all parties.
In order to prevent confusion, the terminology surrounding custody is outlined below:
Custody
The well-known term ‘custody’ is now more commonly referred to as ‘residency.’ This term refers to the location of the children’s main residence following the break-up of that child’s parents.
Factors Determining Outcome of Custody
If you have ever been involved in a child custody case, or you are about to begin one, you most likely have heard the phrase “best interests of the child”. This is almost universally used to determine custody and visitation issues based on the Best Interests of the Child Standard.
Case law defines this standard differently, but in general, there are certain common-sense factors and themes that appear the majority of the time. The list of factors fall into four categories:
1. The historical picture examining each parent’s role in nurturing the child since birth;
2. The prospective picture considering the parents’ situations going into the future;
3. Status concerns referring to the personality or behavioural traits of each party; and
4. The preference of the child.
Shared Custody
Shared custody is also known as joint custody, shared residency or shared parenting.
This type of custody allows the child to spend an equal amount of time with each parent. Shared custody also enables both parents to have equal involvement in key decision-making that will impact the child.
The courts will decide on which living arrangements are in the best interest of the child if the parents are unable to agree on a decision.
Shared Custody and the UK
As part of a new Children and Family Bill in 2013, it was announced: “Ministers intend to strengthen the law to ensure children have a relationship with both their parents after family separation where that is safe and in the child’s best interests.”
Shared custody is a highly popular choice throughout Europe and the USA. However, the adoption of joint custody arrangements has been slower to develop in the UK.
A number of organisations are working to increase the prominence of joint custody in this country.
Benefits of Joint Custody
Joint custody boasts a number of advantages for parents and children alike:
- Both parties continue to share parenting responsibility.
- Separated fathers can see their children regularly and are granted more involvement in their lives.
- The children have two homes, which gives them more security and stability.
- Children continue to have a real family life with both parents.
Standard Contact Order
Joint custody differs considerably from a standard contact order. With a standard contact order, one parent is granted the majority of the responsibility for the child.
The other parent, usually the father, is allowed to spend time with the children at the weekend or on selected weekdays.
Your Legal Rights
As the father of your children, you are legally entitled to have involvement in any major decisions which impact upon their lives.
If your wife has custody of the children, she is granted the responsibility for their everyday upbringing and she has the final say in any decision-making.
You have the right to be involved in any key matters such as medical or financial decisions that affect your child and you should seek appropriate advice if you are being denied this right.
For more information about fathers’ rights, contact Cordell & Cordell today.’
Raising Joint Custody in Mediation
It should be stressed that although joint custody is currently not commonly adopted at present in the UK, it is an option that should be brought up within mediation sessions and discussed as a potential custody solution.
Numerous organisations are actively trying to increase the prominence of this type of custody in the UK and see it granted more visibility.
It is also becoming increasingly common to grant children the opportunity to say where they would like to spend their time, as opposed to having to make a definitive decision and choose between their parents.
Find out how much child maintenance you or your ex partner need to pay using our innovative child maintenance calculator.
If you require help or assistance with Child Custody, don’t suffer in silence, contact us today. The divorce solicitors of Cordell & Cordell are happy to help with any child custody or child maintenance issue.
A guide to joint custody
Child custody law establishes who should be responsible for the care and charge of a child after divorce or separation. The term ‘custody’ is more frequently referred to as residency, meaning there must be an agreement as to where the child’s main residence is following a parental break up. In most cases where parents separate or divorce, their preference is to opt for joint custody (or residency), allowing the child to spend an equal amount of time with each parent. With joint custody, the parents agree they each have the right to make decisions that may affect the child.
What are the advantages of joint custody?
The shared parenting route is extremely popular because it allows the child or children to feel as though they have two properly involved parents, meaning they do not spend all of their 'routine time' with one parent and only 'leisure time' with the other. The parents can then share 'moral authority' in the eyes of the children, so they have free access to both their parents if there are any issues affecting them.
What if a dispute can’t be resolved?
It’s true that in cases where parents are unable to agree on joint custody, going to court can be the most sensible option, yet it’s important to understand that most court cases between parents conclude rather amicably with agreed residency or joint residency as the outcome. In disputed cases, each parent is assessed before a decision is made on whom should have custody of the child(s), whilst any access and maintenance payments from the ‘non resident parent’ are also taken into consideration. It’s also important to note that not all custody disputes involve the mother and the father. For example, there may be cases whereby a third party (such as an aunt, uncle or grandparent) may seek custody as a result of a parent’s death or incapacity.
How do courts make decisions?
The law states that courts should not make court orders regarding children, unless it is better for the child if they do. This is why courts actively encourage parents to work out solutions between themselves when possible, and why so many cases end affably. Before a case goes to court, almost all parents will try mediation to come to an agreement. In fact, before you can even go to court you will need to show that you have been to a Mediation Information and Assessment Meeting.
Of course, some cases can be rather complex and if courts are asked to make a decision, they will do so with the child’s wellbeing their primary consideration, and not the parents. This therefore means that they will initially put aside any arguments over who provides the most money or spends the most time with the child, with the primary goal ensuring the child has a good relationship with both parents. That said, cases can be individually complex and they may consider:
- The child’s wishes, thoughts and feelings (taking into account their age and understanding).
- The child’s physical, emotional and educational needs.
- Any impact on the child if there has been a change of circumstances.
- The child’s age, sex, background and any other relevant characteristics or individualities.
- Any harm (or risk of harm) to the child.
- The ability of the parents to provide for the child and ensure they have everything they need.
Whilst the judge will set out what is best for the child or children at a Dispute Resolution Hearing or DRA, they may also order both parents attend the Separated Parents Information Programme, which is a 4-hour course detailing how to parent effectively whilst separating. Rest assured you’ll never be asked to attend the same day as your ex-partner.
How can you help your children when going through a breakup?
As discussed, joint custody is the most likely outcome for parents going through separations and divorces in the UK, however, we know just how important it is to ensure the stresses of the relationship breakdown does not negatively impact on a child’s wellbeing. Below, we’ve added just a few of the ways you can help the children through such a stressful period:
- Explain that any disagreement is purely between yourself and your ex-partner and they are in no way to blame. We can’t stress how important it is to apologise to your children during this time and that you understand how difficult it is for them.
- You should also let them know just how much you both love and care for them and that you will always be a family.
- Do not blame the other parent or talk about them in an uncooperative way in front of your children.
- Inform the school or any other person who looks after your children of the situation, because it’s going to be important they understand the child may require a little extra care and attention.
What if there has been domestic abuse or if the children have been harmed?
In this case it’s essential to speak to a good family law solicitor, such as Noble Solicitors – as we’re best placed to guide you through the process, ensuring you have the evidence required to take the issue to court, and in such a situation, you would not have to prove that you have first looked at using a family mediation service.
Speak to Noble Solicitors about your needs
At Noble Solicitors, our vastly experienced and highly trained team of family law solicitors fight for your rights and the rights of your children, working tirelessly to provide the best solution for the issues at hand – no matter how complicated the case may be. Our solutions are simple, realistic and achievable and you can learn more about us and how we can help you by calling us today on 07000 81 82 83 or by emailing [email protected].
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Since its founding in 2000, Bright World has been providing guardianship services for international students in the UK. All of our staff are trained in child protection and customer service to provide parents with the best possible support and mentorship for their child studying in the UK.
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From time to time students have to leave school unexpectedly; their flight may be cancelled, or they may arrive at the site while the school is still closed. Schools are also usually closed for "long weekends" (so-called "exeat weekends") and short breaks during the trimester. In some situations, children are asked to leave school for several nights. If you are unable to purchase a ticket on the stated date of arrival or departure, the school may be closed and your child will need a host family. Bright World offers safe and secure host family accommodation during these scheduled and unscheduled events.
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Since 2006, Bright World has been accredited by AEGIS, the Association of International Student Education and Care Organizations. In 2013, we also received the bronze status of a member of the Child Safe organization and today we bear the title of its reliable partner. AEGIS re-inspects childcare organizations every four years and we are very pleased with the results of the last inspection carried out in 2017.
"Bright World" - is a highly effective guardianship organization that delivers quality service to the large number of students they are responsible for. The safety and well-being of children is the core purpose of their work. Their system allows to ensure the safety of children, and they carefully take care of their charges: the child undergoes medical checks and his place of residence is properly equipped. The level of Bright World's engagement with schools and the quality of the selected host families are important advantages noted by the assistant inspector.
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Our network of local coordinators and host families living close to the school, along with our central office's 24/7 emergency line, instills confidence in our clients. We will always come to the rescue in an emergency and will act on your behalf.
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In collaboration with various education and leisure experts, Bright World has developed a range of unique programs for students during the break and Easter holidays. One of our most popular programs, fully adapted to international boarding school students, was created in conjunction with Cambridge Melchior College.
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24-hour emergency telephone line for children and parents.
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Access to Blink, our online portal for parents, where they can check reports, manage their account, provide flight information, and view driver and host family profiles.
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Support for parents in Chinese and Russian - £200 plus VAT.
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Your Care Manager at Headquarters
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Emergency assistance in case of unforeseen situations, for example, canceled flights, temporary suspension of a child from school, illness, etc.
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Communication with the school on your behalf regarding short breaks and long holidays.
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Arrangement of safe transfer from and to the airport, as well as other trips within the UK.
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Finding suitable host families for long weekends, short breaks and emergency situations
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Annual background checks (DBS) and general background checks for host families and drivers.
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Your child's caretaker will be in touch with him throughout the year - if necessary, he will always be available by phone or e-mail.
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24-hour emergency telephone line for children and parents.
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Access to Blink, our online portal for parents, where they can check reports, manage their account, provide flight information, and view driver and host family profiles.
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Transfer to and from the airport - the price depends on the distance. A small administration fee of £5 is added to the cost of each trip organized by BrightWorld. They include checking the driver and his driver's documents, as well as certificates of no criminal record.
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Additional services at the airport. Upon arrival, we can meet your child at the gangway, escort them through customs and passport control, and escort them to the aircraft at the time of departure (from £85).
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Gasoline costs based on the calculation of 55p per 1.6 km, reimbursed to the host family for picking up the child from school.
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9000 Britain: Princess Haya will receive more than $730 million from the ruler of Dubai
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Image caption,Princess Haya was Sheikh Mohammed's sixth and youngest wife.
The former wife of the ruler of Dubai, Sheikh Mohammed bin Rashid al-Maktoum, Princess Haya bin al-Hussein will receive 550 million pounds (more than 730 million dollars) in the divorce process, which is called the largest in the history of English justice.
This is the amount, according to the decision of the High Court of London, the 72-year-old billionaire, the ruler of Dubai and the Prime Minister of the UAE, Sheikh Mohammed, will be required to pay.
As the judge announced on Tuesday, announcing the decision, most of this money will be used to ensure the safety of the couple's two children - first of all, from a "serious threat" from the Emir of Dubai himself.
"You lived, you died"
"This [threat] is enhanced by all the power of public resources at its disposal, as already proven by the use of the Pegasus software, which is available only to governments," the judge said.
In 2019, fearing for her safety, the sixth wife of the ruler of Dubai, Princess Haya bint al-Hussein, fled the UAE with her children. According to her, she was very worried about how her husband treated his other two daughters - Princess Latifa and Princess Shamsa. Both of them were kidnapped and returned against their will to Dubai.
In the same year, child custody and financial aid proceedings began in London's High Court.
- British court found that a sheikh from the UAE kidnapped his daughters and threatened his wife
- Who is Princess Haya and why did she flee the UAE?
- The biggest divorce in London ended in the world. The Akhmedovs shared the $1 billion they earned in Russia
After that, the sheikh wrote the poem "You lived, you died", which many believe contained a threat to the princess after it became known about her affair with a former British military officer who served as her bodyguard .
While living in Britain, the princess continued to receive threats: she regularly received messages like "We'll get you everywhere." She had to spend huge sums on security for fear that her children could be kidnapped and taken back to Dubai.
"I really want to be free"
The court ordered Mohammed bin Rashid al-Maktoum to make a lump sum payment of more than $330 million over the next three months.
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Image caption,Princess Haya bint al Hussein visits London's High Court in February 2020.
This amount will be used to maintain Princess Haya's British mansions - one near Kensington Palace in London and her main residence in Surrey - as well as to pay for jewelry and racehorses she bought on credit (Princess Haya has been fond of equestrianism since childhood ).
- Princess Latifa: how the daughter of the ruler of Dubai became a "hostage of her own family"
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The money will also be used to pay for travel, wages and lodging for the nanny and carer, maintenance of the family's armored vehicles and maintenance of her ponies and other pets.
The princess noted that the first payment would allow her to free herself from the sheikh's control over her children.
"I really want to be free and I want them [my children] to be free," the 47-year-old princess told the court during a nearly seven-hour deposition.
Sheikh will also need to pay almost four million dollars for the education of their joint 14-year-old daughter Jalila and 9-year-old son Zayed, and more than 12.5 million in debt. The court also ordered the Emir of Dubai to pay 13 million dollars a year for the maintenance of children when they reach the age of majority.
While these amounts may seem dizzying, these payments are less than half of Haya's original $1.