Shared Custody Arrangements

It is often noted that best child custody arrangements for toddlers are those which are stable. Toddlers often cope well when their routine is stable. Parents should plan best child custody arrangements for toddlers where they consistently see each parent. Parents should also ensure their home is childproof which means a child is safe when they visit each parent.

Toddlers are often attached to both parents and therefore best child custody arrangements for toddlers may include frequent contact and visits with both parents. Toddlers develop and grow rapidly. It is recommended that parents should continually discuss best child custody arrangements for toddlers and adapt those arrangements as the child develops. Shared custody arrangements may not seem effective at the start when the child is young, however it is important to remember that shared custody does not necessarily spending equal times with both parents. Therefore, parents can undertake shared custody arrangements and ensure the children benefit from the care and love of both parents.

Where one parent is the primary carer for a child, shared custody could be arranged so the other parent can maintain access and contact with the child when they are free from their routine of playgroups, feed time or any other toddler activities. Shared custody arrangements for toddlers can have a positive impact on children growing up and provides them with security of knowing that both parents are in their lives.

Shared custody and joint custody arrangements, regardless of the time the child spends with each parent, could be beneficial to the children. These arrangements can include joint physical custody, so the child lives with both parents on a substantial basis. With shared custody arrangements the children are able to grow up with the influence of both parents. Both parents remain a part of the child’s life and are able to make legal decisions for the child; in some arrangements this is described as joint legal custody, with shared decision making covering important matters such as schooling, healthcare, and religious upbringing.

A child’s needs are more likely to be met if both parents remain part of the child’s life. Both parents play an important role in the child’s life, and this can support the child’s well being, including psychological well-being, as they try and meet the needs adequately between them.

Research also suggests children in shared parenting arrangements often feel less stressed and have fewer emotional or conduct issues than those in sole-parent arrangements, and most parents see benefits when both parents share responsibility in day-to-day upbringing.

With shared custody and joint custody arrangements children will more likely remain in contact with families of both parents. This could be beneficial to children as they will grow up with the love of their parents extended families and will benefit from the experience the families of their parents bring.

The most important benefit of shared custody and joint custody arrangements is that children have two homes. This could provide more security and stability to the children. The children will also continue to have a real family life with the involvement of both parents. With shared custody arrangements children will benefit from the life experience of both their parents and extended families. With this invaluable experience children can grow and develop better and deal with any issues they may face.

Epidemiological studies link shared parenting with better physical, mental, social, and academic outcomes, and studies show children generally fare better in joint custody arrangements, or where they spend time with both parents, than in sole custody arrangements.

Higher self-esteem and better emotional stability are also more likely when parents avoid high-conflict interactions.

Although joint custody arrangements seem to be beneficial to the child and most importantly fulfil the clients right to access both parents, they come with their disadvantages. Joint custody arrangements could be hard for children. Children may find it difficult to move between two households where shared custody is involved. There is no simple answer, because each family’s circumstances need careful consideration. Children may feel that their life is not stable due to constantly living between separate homes, and practical difficulties can arise when moving from one home to the other.

Shared custody arrangements could cause some disruption to the children and their daily routine. Joint custody arrangements could cause more stress to the child. They may be required to pack up and switch homes every other week or midweek, which can disrupt the child’s routine and add to the time spent moving between homes. This could cause confusion for the child as well as added stress and pressure.

These concerns are often reduced when parents use a clear parenting plan and a stable parenting time schedule.

Another disadvantage of joint custody arrangements to children is that their needs may go unnoticed. Although they have both parents in their life one parent may try and evade their responsibility knowing that the child still has the other parent who may fulfil their needs.

Quite often during joint custody arrangements a child can often be made to feel like they are the referee or the middle person. Parents can often use children to deliver messages to each other when they are unwilling to work together, and this can contribute to parental alienation by undermining the child’s relationship with the other parent. In order for shared custody to work parents must ensure they are arranging this for the benefit of the child and not for their own personal motives. Shared custody should not be used as a battleground for disputes involving the parents.

Shared parenting works best when conflict is managed, because consistent routines can support better communication skills and problem-solving.

Usually in child custody cases the non-resident parent will be responsible for child support arrangements which are also known as child maintenance. However, where parents agree on joint custody arrangements who pays for the child support arrangements?

Majority of the parents will be of the opinion that where there is shared custody of the children, the parent earning the most income will be responsible for making the child support arrangements. This is untrue. If both parents equally share the care of the children, then neither parent will make child maintenance payments or be responsible for child support arrangements.

If both parents have shared custody of children which although may not be equal, there will be key factors which will need looking into when considering child support arrangements which are:

• The tasks and responsibilities for which each parent is responsible during the course of the shared custody arrangements
• Whether there is equal responsibility for day to day care within the shared custody arrangements, if so then no child maintenance would be payable regardless of whether one parent earns more. Regulation 50(2) of the Child Support Maintenance Calculation Regulations 2012 now mean that if the paying parent can satisfy the Child Maintenance Service that there is equal shared care, then there would be no requirement for either parent to pay maintenance.
• Child support arrangements are only made if one parent is the resident parent or the parent with care. Where both parents equally share care of the child with the child spending equal time with both parents then child maintenance will not need to be paid given that both parents are equally responsible for bringing up the children.

If day to day care is shared between both parents, then parents will need to consider who must pay child maintenance. If the care of the child is not shared equally then the parent who looks after the child for the most hours or days will be the one who is considered as the resident parent for the purposes of child maintenance.

However, for the non-resident parent, its important to note that if the child has any overnight stay with them, this could reduce their liability for child support arrangements. However as per the advice from the Child Maintenance Scheme it is up to the non-resident parent to make them aware of how many overnights contact there is. Without this the Child Maintenance Service will assume that you only have one overnight contact a week.

Parents will also need to consider whether children are taking part in any extra curricular activities, as again parents will be responsible for collecting and dropping off children to these activities when they are with them. With shared custody, parents will need to be clear on the routine of their children so they can still have quality time with each parent and maintain a close relationship despite the distance.

Both parents will ideally need to live relatively close to each other to ensure they can effectively cater for the children’s needs. If there is significant distance between where the parents live this may not be ideal or accommodating given that with joint custody arrangements, there may be multiple exchanges for children in the week. Any arrangement should reflect the child’s individual needs and practical realities, rather than assume a schedule split time equally between homes.

Full legal custody of a child usually means one parent has the child’s main residence, in practice a form of sole residency where that parent provides the child’s primary home, looks after and maintains the child, and makes key decisions concerning the child. The other parent may have some contact with the child but will have a limited role to play in the child’s life.

When considering child arrangements, family courts put the child’s welfare first. In the UK, since 2014, the term “shared custody” has largely been replaced by child arrangement orders, which focus on where the child lives and with whom they spend time. Parents can look to reach an agreement on who will have the full legal custody of a child amicably without the need of court interference. If the parents are unable to agree on child custody arrangements, then one parent will usually make an application to the family court. The starting point when considering full legal custody is that the child should have access to both parents. Section 1(2A) of the Children Act 1989 presumes the involvement of both the parents in a child’s life furthers their best interests unless evidence suggests otherwise. The courts will therefore look to promote shared custody arrangements. Courts also apply the welfare checklist, including the child’s wishes and feelings, emotional needs, any potential harm, the age, sex, and background of the child, and each parent’s ability to meet those needs. The courts are only likely to award full legal custody where the child’s welfare will be affected if the other parent stays involved with the child.

Before applying for full legal custody of a child, parents will need to attend a Mediation Information Assessment Meeting (MIAM). Family law specialists can often assist parents with mediation and arranging this meeting. At Kabir Family Law, our family law specialists can also act as mediators to attempt and resolve any differences and disputes between conflicting parents.

Once an application is made to the court, they will consider the individual circumstances of the case. Before considering providing full legal custody the courts will consider the welfare checklist.

Examples of where the court will consider providing full legal custody to one parent rather than shared custody is where the other parent is not able to raise the child adequately, where one parent has neglected, abandoned or abused the child, where one parents working arrangements are better to provide care to the child, the other parents has issues such as drug or alcohol abuse, domestic violence or mental health issues. This kind of outcome, sometimes described as sole residency, is usually reserved for cases where continued involvement of the other parent would harm the child. With family lawyers in Northampton as well as across the UK we are able to help client’s nationally on child law issues and resolving child custody issues. This article is general information only and not a substitute for legal advice.

Quite often parents may consider giving up custody of a child. Usually giving up custody of a child will be temporary. Parents will often consider giving up custody of a child when they are unable to care for the child. This will usually be the case where they are faced with an illness or health issue which affects their ability to look after a child. Parents may also need to be away from their house or even the country for work or other family commitments which may lead to them giving up custody of a child. After separation or divorce, parents may also use different parenting arrangements depending on the child’s needs.

As well as voluntary giving up custody of a child, the courts can also force one parent in giving up custody of a child. In doing this the courts can also remove a parents parental responsibility over a child. The courts will only force a parent in giving up custody of a child or remove their parental responsibility if it is in the welfare and best interests of a child. The circumstances leading to removing child custody or removing parental responsibility from one parent must be exceptional or extreme.

For example, arrangements can include sole residency, joint residency, co-parenting, flexible arrangements, and bird’s nest parenting. In bird’s nest parenting, the child stays in the family home while the parents take turns living there, which can offer stability in the early stages of separation. Situations which give rise to the court forcing a parent in giving up custody of a child can include:

• Chronic abuse or neglect
• Sexual abuse
• Abandonment
• Long term mental illness
• Long term alcohol or drug induced incapacity of the parent
• Failure to support or maintain contact with child.

The courts can also order giving up full custody of a child where a parent has committed certain crimes in which case the courts can terminate the child and parent relationship and remove parental responsibility.