One of the biggest misconceptions in English law is the notion of custody. So, unlike in many countries, we don’t have custody in England. We separate out parental rightsand the issue of a child’s care. So, you have parental responsibility, which is the decisionmaking powers in relation to a child The right to be informed and consulted about key aspects of the child’s upbringing and then you have the residence and contact arrangements, as it’s known, which is obviously howa child’s time is divided. A lot of people wrongly assume that the more time a child spends with a parent
the greater their decisionmaking powers, and the greater their parental responsibility in contrast tothe other parent. That’s not the case at all and even on very unequal care arrangements if both parents have got parental responsibilty in the eyes of the law they’re equaland their decisionmaking powers are equal. A lot of people wrongly believe that if the child lives with them they can do what they want withoutreference to the other parent. So that can include changing schools, and also going on holiday
is a very common issue that comes up. A lot of nonresident parents wrongly believe that they don’t have the right to take a child on holiday and often a lot of resident parentsbelieve conversely that they can. In law, if both parents have got parental responsibility then they need the consent of theother to go outside the country for a holiday Unless they have what used to be known as a residence order, which is now a child arrangements order, in their favour in which case they can go on holiday for up to 28 days without the consent of the other.
So long as that’s not overriding a provision within the order whereby the child needs to be spending time with the other parent within that window of time. There is no such thing as a standard arrangement for the care of children. Each individual case is always looked at on its own merit So for some families, an arrangement where, forexample, a child lives with one parent during the week and sees the other parent every other weekend might be a perfect arrangement. For other familiesthat’s not going to work at all and something like a shared care arrangement
whether that be exactly 5050, or just a high amount of time in both households may work a lot better. Each case will always be looked aton its individual merits, looking at what the child’s particular needs are and what the care that each parent can give. So a lot of people sometimes don’t putforward suggestions that they think would work because they think that they areconstrained by this normal ‘standard arrangement’ but in reality that hasn’t existed for many years..
How Do Fathers Get Custody of Their Child
Hello, my name is Brian Galbraith and I’mthe owner of Galbraith Family Law. We’re a law firm of family law lawyers located inBarrie, Orillia and Newmarket. How does a father get custody of his children? Now, there’sa myth out there that fathers never get custody of their children. This is based on the historicfact that, traditionally, mothers were primarily responsible for the care of children and fatherswere the bread winners. So it made sense, in those days, that thecourt would order custody to the mother since she was the one primarily looking after thechildren anyway. It was in the children’s best interested to be with their mother. Nowadays,both mothers and fathers usually participate
in the care giving and in earning the incomefor the family. As a result the Ontario courts are more inclined to order an equal time sharingregime for the children. If a father wants custody of his children,he needs to prove that it’s in the best interest of the children that he has custody. A strongargument would be that he was traditionally the one responsible or primarily responsiblefor the care, and that he can continue to provide the care that the children want anddeserve. Custody battles are often very nasty. They can take many months and even years toresolve and cost thousands of dollars in legal fees. The children often suffer when there’sa custody battle between their parents. As
a result we prefer to help our clients negotiatea settlement. One of the best processes to do that is calledcollaborative practice. That’s a process where the parties agree not to go to court and theywork with professionals to find a resolution to their petty issues and any other issuesthat they have to resolve related to the separation. It’s a very cost effective process and keepsthe power of decision making in the hands of the parents. Most importantly, it helpsprevent the children from being in the middle of a battle between mum and dad. If this tutorial’s been helpful, give it a thumpsup. And if you’d like to learn more information
or have one of our lawyers help you with yourcustody issues, please go to our website which is www.GalbraithFamilyLaw. You can book consultationswith one of our lawyers. We help clients with custody issues every day. We can help youtoo. Thank you..