It is often said that children do not come with instruction manuals-and neither, it seems, do divorces. Many parents imagine that stepping into a law firm means entering a maze of legal jargon and stern faces. At AAGA Solicitors, we believe that while the law is serious, supporting families through change can be approached with empathy-and expert legal guidance.
When parents divorce in the UK, one of the most emotionally charged and legally complex questions they face is who will have custody of the child. In modern UK family law, the term “custody” is no longer used officially and has been replaced by “child arrangements.” These arrangements outline and give a detailed overview about where the child will live and how much time they will spend with each parent. If parents cannot reach an agreement themselves, the court may issue a Child Arrangements Order to resolve the matter.
The family court’s primary concern in any child custody case is the welfare and best interests of the child. Judges consider a range of factors when making these decisions, including the child’s emotional, physical, and educational needs, the capability of each parent to meet those needs, and the importance of maintaining a stable and consistent environment.
Courts do not favor one parent over another based on gender; instead, they look at who can provide the most secure and nurturing surroundings. If the child is considered old enough and mature enough to understand the situation, the court may take their views into account when deciding where they should live and how much contact they should have with each parent. This is typically assessed through a welfare report prepared by CAFCASS (Children and Family Court Advisory and Support Service), which may involve speaking directly with the child in a neutral and child-sensitive setting. However, while the child’s wishes are important, they are not automatically followed. The court will weigh those views alongside all other relevant factors, such as the child’s overall well-being, stability, and need to maintain meaningful relationships with both parents, to determine what outcome is genuinely in their best interests.
Dealing with a divorce while ensuring your child’s future remains secure, can be overwhelming. At AAGA Solicitors, our experienced family lawyers are here to guide you through every step of the child arrangements process with professionalism, clarity, and care.
Contact us today for tailored advice and trusted legal support.
