Donate SIGN UP

residency

Avatar Image
mbgklt | 14:08 Sat 19th Sep 2009 | Family Life
3 Answers
Do the courts normally favour the mother or father in a custody case?
Gravatar

Answers

1 to 3 of 3rss feed

Best Answer

No best answer has yet been selected by mbgklt. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
"...it is generally accepted by those who are professionally concerned with children that, particularly in the early years, continuity of care is a most important part of a child's sense of security and that disruption to established bonds is to be avoided whenever it is possible to do so...". Ormrod LJ in D v M

So if one parent, either mother or father, is the primary carer the courts wouldn't change the status quo unless there is evidence that the child isn't surviving satisfactorily. The primary care is primarily determined by the existing working patterns and child care arrangements. If one parent works full time and the other doesn't work or works part time to fit around the children's needs the none/part time worker would be deemed the primary carer. If both parents work full time shared residence is indicated. Of secondary importance is who does most of the nuts and bolts of parenting - school runs, visits to the doctor and dentist, shopping for school uniform and shoes etc.
I guess it would also depend on the age (and sex?) of the child. Older children will be given a say in the proceedings but as is said above, younger children will more than likley be placed with the primary care giver unless there are other circumstances to be taken account of.
I have recently heard of a case where the custody was given to the parent who was deemed 'more likely to be reasonable over access' as the parent with the temporary residential care had made it virtually impossible for the non-resident parent to see the child. I don't think either parent is favoured on gender, as previous poster said, the court are supposed to look at the welfare and wellbeing of the child or children concerned.

1 to 3 of 3rss feed

Do you know the answer?

residency

Answer Question >>