Spice Girl Mel B's Custody Battle
The New York Daily News has reported that former Spice Girl Mel B (real name Melanie Brown) is now seeking full custody of her five year old daughter, Madison, with estranged husband Stephen Belafonte.
It is understood that when Brown filed for divorce from Belafonte before the Los Angeles Superior Court last month, she had originally requested to share custody of their child. The U-turn has apparently come about following Belafonte’s alleged history of domestic violence with another woman and his alleged illegal possession of a gun. Brown has been granted custody, with her ex getting no visitation until a follow-up hearing.
In England and Wales, requested arrangements for children are not included in a Divorce Petition and if there is no dispute between the parents as to the arrangements for their children, then quite simply nothing will happen; the Court will not be involved and the Divorce will proceed with no consideration as to the arrangements. An agreed routine as to how often children should spend with each parent following separation won’t be legally binding. However in the majority of cases, it does not need to be; any agreement for children should be fluid and capable of change around a child’s best interests as he/she grows up.
On the other hand, if there is a dispute between the parents about the arrangements, then one or both of them can make an application under the Children Act for a Child Arrangements Order (CAO). The Court will then issue a separate set of proceedings to the Divorce proceedings.
A CAO is an Order regulating arrangements as to with whom a child should live, spend time or otherwise have contact or when a child is to live, spend time or otherwise have contact with any person.
The Child Arrangements Programme is designed to facilitate resolution outside the Court process (there is a requirement that mediation must have first been attempted before an application to the Court is made) and where not possible, to ensure swift resolution through the Court system.
When a Court determines any question with respect to the upbringing of a child, the child’s welfare shall be the Court’s paramount consideration. Unless the contrary is shown, the Court is to presume that involvement of a parent in the life of their child will further the child’s welfare.