A child arrangement order (otherwise known as child arrangements) determines who the child will live with on a full-time basis. Where the parents of the child have chosen to part ways and end their partnership or marriage, the child bears the consequences of their decisions. Typically, when parents have a hard time agreeing on the matter, courts are used as an agent to help decide for them. However, a child arrangement order can be requested by anyone with parental responsibility.
What factors do courts consider when deciding who gets custody of the child?
The decision of who retains the custodial rights of the child in question is determined by analysing what is within the child’s best interest. Courts tend to use the ‘best interest’ criteria as a starting point for their decision, however, other factors are also considered:
- Where the child currently attends a school
- Any special needs (physical, emotional and educational)
- If old enough to understand the situation, the child’s wishes are taken into account
- Each parent’s capability of retaining such a responsibility
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