There are often lots of the questions surrounding how the Family Court makes decisions in cases concerning children. One common concern is whether the Court shows favouritism toward mothers. To answer this, it is important to look at what the law says in relation to cases concerning children and what the Court has to take into consideration when making decisions regarding child arrangements.

Understanding the Perception

There's a belief that Family Courts lean towards mothers when making decisions regarding children, but that is a misconception. Every case is different and so there will be distinct factors for the Court to consider, based on the individual circumstances of the family involved.

The Key Factors for the Family Court to consider when making decisions are set out in the Children Act 1989 and can be summarised as follows:

1. Child's Well-being First: Above all else, Family Courts prioritise what's best for the child. This is known as the “welfare principle” and influences the child arrangements, including who the child should live with and whether they should spend any time with the other parent and if so, how this should take place. The Court considers the child's emotional needs, their relationship with both parents, and the stability they'll have. There is a “welfare checklist” that outlines what the Court must consider when making a decision about a child.
2. Fairness Matters: Family courts are all about fairness. Gender doesn't determine outcomes; instead, the court looks at each person's role in the family.
3. Equal Parenting: Times have changed, and so have parenting roles. Family Courts understand that both parents are important, and they weigh each parent's involvement when deciding child arrangements.
4. Show Your Side: What you bring to the table matters. Evidence and documents play a big role in Family Court decisions. The stronger your evidence, the more impact it has on the final decision.
5. Safety First: In cases involving abuse or violence, the safety of everyone involved comes first. Family Courts take steps to ensure protection through orders and decisions regarding child arrangements.

Changes in Society and the Law

We have seen shifts in how people see gender roles. Family Court decisions reflect these changes, focusing on the details of each case rather than just relying on old stereotypes. As it used to be the case that the mother would be the main carer of the children in many families, this is why it may seem that the Court favours mothers, as this would be a factor considered by the Court when determining the child arrangements.

Conclusion

It's essential to understand that Family Court decisions aren't about favouring one gender over another. The unique aspects of each case, along with the legal guidelines, shape the outcomes. If you're dealing with Family Court matters, it's always best to seek advice from an expert who understand the situation. At JBHS Solicitors we're committed to helping you navigate Family Court intricacies and strive for the best possible outcome in your case.