Child custody is the legal term given to where a child lives most of the time following the break-up of their parents. The parent with custody is responsible for making the day-to-day decisions regarding the child, while the non-resident parent receives specific contact arrangements. Child custody can refer to many parental concerns, including:
- Primary Residence: Which parent the child will primarily live with
- Contact Arrangements: How the child will spend time with the non-resident parent.
- Decision-Making Responsibilities: Who will make important decisions about the child’s education, healthcare, and religion
How Child Custody Works in Northern Ireland
When separated parents can disagree with each other about the arrangements for their children, there are several services available to resolve those issues without the need to go to court, such as family therapy or family mediation services. A family lawyer can get involved if issues remain unresolved to try and prevent the court from having to take on the case. Failing that you can talk through your options and get representation from H McPartlands & Sons throughout the court process.
If you have a specific area of dispute that cannot be resolved such as choosing a child’s educational path, or a religious issue, an application can be made for what is known as a ‘Specific Issue Order’. However, all efforts should be made to try and resolve such issues by agreement. The court can also grant what is known as ‘Prohibited Steps Orders, stopping one party from doing something such as removing a child from their school or moving to a different country.
In Northern Ireland, child custody arrangements are primarily determined by what is in the best interests of the child. The court will consider various factors, including:
- The child’s age and maturity: Older children may have a stronger voice in the decision-making process.
- The child’s emotional needs: The court will consider the child’s emotional bond with each parent and the potential impact of separation.
- The parent’s ability to provide for the child’s needs: This includes financial stability, housing, and the ability to meet the child’s emotional and educational needs.
- Any history of domestic abuse or neglect: The court will consider any history of domestic abuse or neglect and prioritise the child’s safety.
Types of Custody Arrangements
Several types of custody arrangements may be considered:
- Sole Custody: One parent has primary physical and legal custody of the child.
- Joint Custody: Both parents share legal custody, meaning they have equal rights to make decisions about the child’s upbringing. However, one parent may have primary physical custody, meaning the child lives with them most of the time.
- Shared Custody: Both parents share physical custody equally, with the child spending significant time with each parent.
If you have a specific area of dispute that cannot be resolved such as choosing a child’s educational path, or a religious issue, an application can be made for what is known as a ‘Specific Issue Order’. However, all efforts should be made to try to resolve such issues by agreement.
The court can also grant what is known as ‘Prohibited Steps Orders, stopping one party from doing something such as removing a child from their school or moving to a different country.
A family lawyer can get involved if issues remain unresolved to try and prevent the court from having to take on the case.
What Happens If Partners Disagree on Child Custody?
When separated parents disagree about the arrangements for their children, there are several services available to resolve those issues without the need to go to court. This can include family therapy or family mediation services. A family lawyer can get involved if issues remain unresolved to try and prevent the court from having to take on the case.
What if contact with your child is denied?
If contact with a child is denied entirely, it is important to take prompt action to ensure that any delay does not negatively impact the application for contact. If a court order is in place but is being ignored the court can then act against those not adhering to the terms and conditions.
It is important to note that child custody laws are complex and can vary depending on individual circumstances. It is advisable to seek legal advice from a qualified family law solicitor at McPartland & Sons to understand your rights and options.
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