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Does the family court always favour the mother when it comes to where my child should live?

There is a common misconception that the court favours the mother, when deciding who a child should live with, the Court will consider what is best for your child, not the parents. They do not automatically favour one parent over the other.

Family law in England & Wales has evolved to recognise that a father can be the primary caregiver, just as women can now be the breadwinners. There is no gender bias. The courts consider what is in the best interests of the child.

A high percentage of disputes over where a child should live don’t make court, many parents can reach a resolution on their own or through solicitors negotiating on their behalf. For the percentage that can’t reach the resolution through these means mediation is the step you should consider before going to court. Obviously the major benefit of mediation is helping you to reach an agreement by yourself but it is also the most cost effective way of sorting out what happens when you split up.

When parents cannot come to a mutual agreement about where your child lives or how other child care arrangements, the Court will make a decision on the child’s behalf.

The Court will take individual circumstances into account before making a Child Arrangement Order for residence and/or contact, which is the Court ruling on where a child will live. Child Arrangement Orders such as for residence or contact last until the child turns 18.

It is vital to be properly represented within Proceedings, come into our office to get some free advice and learn more about that law on child arrangement Orders. We will discuss the costs of representation with you at the initial meeting.

Call us today on 0191 262 5133


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