This British article contains examples of the legal and family law
industry (and media) underlying assumptions, beliefs and advice that
stymie shared parenting.
Such views seek to steer parents towards an expectation and outcome of
maternal custody and residency, and away from shared parenting.
The effect is designed to deter parents from stepping outside the
"one-size-fits-all box", of every second weekend and half
school holidays, and from seeking shared parenting and
residence.
Quote (Divorce lawyer Vanessa Lloyd Platt) #1: The normal way is
the children live with one parent and have contact with the other. Courts
don't like making orders. They would rather the parents agree. But the
main battle is usually about the level of contact.
Quote (Divorce lawyer Vanessa Lloyd Platt) #2: Lots of dads ask
what the chances of success are (of obtaining custody). I have to say
slim, as there's a social notion children are better with mum.
And then the Daily Mirror journalist gets in on the act, seeking to
assert maternal custody and residency as the norm, and thus to dissuade
Dads from seeking custody and residency.
Quote (The Daily Mirror journalist) #3: The children will usually
stay in the family home with one parent (usually, though not always,
their mum) while the other parent has agreed or prearranged
contact.
---
<http://www.mirror.co.uk/showbiz/yourlife/kidsandfamily/2008/03/03/how-to-cope-with-a-custody-battle-89520-20339068/>
The Daily Mirror (Britain)
3 March 2008
How to cope with a custody battle
The end of a relationship can be one of the hardest times of your
life but never more so when kids are involved.
Custody battles are in the news, with Britney Spears and Paul McCartney
both bogged down in legal struggles.
Sir Paul and estranged wife Heather are presently debating custody
arrangements for their four-year-old daughter Beatrice.
Meanwhile, Britney lost custody of sons Sean Preston and Jayden James in
January, after being rushed to hospital with psychological problems. Last
week, she was briefly reunited with them after two months
apart.
And before his accidental drug overdose, Heath Ledger was worried his
ex-girlfriend Michelle Williams was going for sole custody of their
daughter Matilda. Here's our guide to surviving this stressful
time.
What to expect
Deciding who the children live with can be emotive. Should a court
have to intervene, they will put the needs of the children first, so it
pays to agree as amicably as you can.
Christine Northam, a counsellor with Relate, says: "Have empathy for
your children. Imagine what it's like in their shoes. Say to them 'I know
it's a tricky time. Tell me what you are worried about?' Don't criticise
your ex in front of them.
"If you bad-mouth their mum or dad, it's almost like you're saying
these bad things about them. If you're struggling with your emotions go
for counselling. It's somewhere to dump all those angry
feelings."
Avoiding court
You don't need to go to court to decide on custody - or, more
accurately "residence" - arrangements.
The children will usually stay in the family home with one parent
(usually, though not always, their mum) while the other parent has agreed
or prearranged contact.
Sit down and agree between yourselves how frequent contact should be,
where and for how long. This could mean Dad has the kids at weekends or
holidays, for example.
Or the children could split their time equally between both parents, in
which case you'll both share residence. Reaching an informal agreement
now does not prevent you going to court later if arrangements aren't
stuck to or one of you changes your mind.
Divorce lawyer Vanessa Lloyd Platt says: "The normal way is the
children live with one parent and have contact with the other. Courts
don't like making orders. They would rather the parents agree. But the
main battle is usually about the level of contact."
If you can't agree
A contact order sets out how often the child will spend with each
parent.
It sets out how long and where contact should take place. It can even
include arrangements for picking the children up and taking them back
home. Family mediation is a way of reaching an agreement when emotions
are running high.
"Mediators are often lawyers trained to deal with the nitty
gritty," says Christine. "And remember to listen to your
children, ask them what they would like."
Residence orders
Either parent can apply to the court for a Residence Order. This sets
out who the child lives with and usually lasts until they are
16.
More than one person can be granted a residence order - the specific
period of stay with each parent is specified by the court.
You can pick up a form from a magistrate's court, county court or the
High Court.
The court considers who is the best person to meet the child's daily
needs. It will also consider the domestic routine of the child and the
work commitments of those making the application.
Why mum wins
Mothers usually get custody but this is changing as more men stay at
home to raise children.
Vanessa says: "Lots of dads ask what the chances of success are. I
have to say slim, as there's a social notion children are better with
mum.
"But a father may have a good case if he has been at home looking
after the children since they were born. The court will look at the best
interests of the children."
Britney's Battle
The singer lost custody of her sons to ex-husband Kevin Federline in
October. Spears, 26, and Federline, 29, were granted joint custody of
Sean, two, and one-year-old Jayden after their divorce last July. Yet her
subsequent bizarre behaviour left the judge doubting her fitness as a
parent - and it doesn't look she will be get ting them back any time
soon.
"If I wanted to hold up an example of what not to do in a residence
case, it's Britney," says divorce lawyer Vanessa Lloyd Platt.
"Don't go out clubbing, don't take drugs, don't drive around with
your baby on your lap or be seen leaving them all the time. I feel sorry
for Britney but she's being incredibly stupid for a mum wanting
custody.
"Her ex-husband is being very carefully advised and doing everything
right - stay in, be clean-cut and go to court immediately when you think
the children are in danger."
DOs AND DON'Ts
DO
1 Ask yourself: "What is best for my child?"
2 Keep a daily record of when you see or don't see your child.
3 Be a hands-on parent. Take the children to and from school, help with
homework, have their friends round and share activities.
4 Make sure you keep to agreed visits, appointments or mediation
sessions.
5 Talk to friends or a counsellor. And treat yourself whenever you
can.
DON'T
1 Argue with your ex-partner - try to keep everything calm.
2 Turn to alcohol or drugs. If you have a problem with either, seek help
immediately. The courts must see you're serious about cleaning up your
act.
3 Rush into a new relationship. "It's like a bereavement," says
counsellor Christine Northam. "Mourn the relationship you've lost
and try to understand what went wrong or you'll almost certainly repeat
the same mistakes."
4 Be impatient or argue with the judge. Decisions can take a long time
and the judge will have the final say.
Where to Get Help (Britain) ...
Go to Relate 0845 130 4016,
www.relate.org.uk
Get a solicitor's advice. Community Le gal Service Direct (to find a
family solicitor) 0845 345 4345,
www.clsdirect.org.uk
Try National Family Mediation 0139 227 1610,
www.nfm.org.uk
For free legal advice on family law, divorce and children and contact
issues, call the Rights Of Women advice line on 020 7251 6577
www.rightsofwomen.org.uk