Madonna’s Rocco: The Role a Child Plays in Child Custody Court Cases

24 May 2016

The issues between Madonna and Guy Ritchie remind us how important it is to try and reach an amicable agreement after a divorce regarding who gets custody of the children.

Madonna filed an application in the English Court to have custody of her 15 year old son Rocco. Rocco’s father is Madonna’s former husband Guy Ritchie. Their son had been living with his mum in the USA and coming to visit his father in the UK during the holidays.

After spending Christmas with his father, the teenager decided that he wanted to stay living in London with his dad. Unfortunately, his mum did not agree and filed a Court application that Rocco should be returned to her and that she have full custody of him. 

The Court case has been halted here in the UK, with Madonna filing a hearing back in New York for later on this year. But the judge here in the UK urged both Madonna and Guy Ritchie to find a way to agree on where their son should live, rather than use a Court to decide.

Because the child is 15, his wishes and feelings will play a big part in the decision of where and who he should live with.

Both parents’ legal advisors will be attempting to get their clients what they want, but ultimately it will be whatever is in the best interests of the child that will decide where he lives and who has custody.

Generally, when parents cannot agree on the child custody arrangements it is because of a temporary breakdown in trust.

The problem, when parents don’t agree who the children should live with, is that the Courts will consider what the child wants. This places a huge responsibility on the child, and another concern is that the child may change their mind later, after the Court order has been made.

Family Mediation can help parents to reach agreement about child custody. Courts in England and Wales will always say that an amicable negotiated solution is the way forward and in the child’s best interests.

At Co-op Legal Services our Family Law Solicitors continually work with parents in a constructive way to help broker agreement on child custody arrangements.

We know how important it is to agree the arrangements of the children from the outset. Our expert team of Family Solicitors and Divorce Lawyers can provide legal advice without jargon at competitive rates. We also offer an immediate, fixed fee initial consultation with a Family Law Solicitor to help you clearly understand what your current legal position is right away.

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